APAC FOCUS INSIGHT ISSUE 2 (OCT 2023)

APAC FOCUS INSIGHT

OCTOBER 2023 • ISSUE 2

亞太焦點

APAC FOCUS

APAC FOCUS INSIGHT OCTOBER 2023 • ISSUE 2

Editorial Board Lead

Luk T. W. Bryan

Member

Aaron Wong Miranda Chu Taylor Xu Derek Cheung Wilma Ng Leonard Luk

Robot

NOTION A.I.

Design

Luk T. W. Bryan Miranda Chu

© 2023 Society of Asia Pacific Focus

SOCIETY OF ASIA PACIFIC FOCUS

亞太平洋焦點學會

SINCE OUR INCEPTION, APAC FOCUS FOCUSED ON PROMOTING CULTURAL AND ACADEMIC EXCHANGE AMONG PEOPLE FROM ASIA PACIFIC REGIONS.

Society of Asia Pacific Focus is a nonprofit platform dedicated to promoting the development and intellectual exchange of the Asia Pacific region.

Our platform is comprised of a diverse group of individuals and professionals who share a common interest in the sustainable development of the region.

Our mission is to facilitate collaboration among young people across the Asia Pacific region by creating platforms for dialogue, knowledge exchange, and networking.

EXPLORING JAPAN LUK T. W. BRYAN FOUNDER LEAD EDITOR

As we reflect on the past and significant events that have occurred in the Asia Pacific region, we cannot ignore the unique cultural and social development of Japan.

In recent years, Japan has been a hub for cultural exchange, attracting people from around the world to experience its rich history and traditions.

From ancient temples to modern architecture, Japan boasts a unique blend of old and new, making it a fascinating and attractive destination for travelers. The influence of Japanese culture can be seen throughout the Asia Pacific region, from the popularity of Japanese cuisine to the widespread of anime culture.

As we move forward, it is important to recognize and celebrate the uniqueness of Japan and to continue promoting cultural exchange and social development in the region. By addressing social and environmental issues and embracing the diversity of the region, we can create a more harmonious and prosperous future for all.

We hope that this publication will provide valuable insights to every reader, and we look forward to continuing our coverage of these important issues.

PHOTO CREDIT © MANSON YIM ON UNSPLASH

FOUNDER'S WELCOME Welcome to the second publication of APAC FOCUS Insight. As the Founder, I am excited to present our organization and the vital work we do.

APAC FOCUS is a non-profit platform that is dedicated to promoting sustainable development and intellectual exchange in the Asia Pacific region. We are honored to bring together a diverse community of individuals and professionals who are passionate about improving the wellbeing of both people and the environment in the region.

Our mission is to foster collaboration among young people throughout the Asia Pacific region by creating platforms for dialogue, knowledge exchange, and networking. By connecting individuals and organizations from various sectors and backgrounds, we aim to promote best practices, encourage innovation, and address critical regional challenges like poverty, inequality, climate change, political challenges and social issues.

As our society continues to grow and expand, we are grateful for the support of our fellows and friends. Their dedication and contributions have been instrumental in the success of APAC FOCUS. With their support, we are uniquely positioned to make a positive impact on the region.

In the upcoming publication, we will shift our focus to Japan. We will explore the social problems, political development, international relations that Japan is facing.

Our aim is to allow people from different countries and regions to have a better and deepen cross-cultural understanding and appreciation.

We also emphasize the importance of intellectual exchange in promoting crosscultural collaboration and enhancing research, education, and social capitals. By facilitating the exchange of ideas among scholars, researchers, and students, we can broaden perspectives and develop a deeper understanding of complex issues. Through collaboration, we can tackle pressing problems.

We are excited about the growth and potential of APAC FOCUS, and we sincerely appreciate your support and interest in our organization.

Together, we can work towards a sustainable and prosperous Asia Pacific region where every individual has the opportunity to thrive and contribute to the greater good.

Thank you once again for your continued support. We look forward to embarking on this journey with you as we focus on Japan and expand our impact in the region and beyond.

EDITORS' WELCOME Welcome to the highly anticipated second issue of APAC FOCUS Insight! We are thrilled to bring you an array of compelling articles that discuss deep into the layers of Japan's society, politics, culture, and beyond. As the editorial board, we are proud to present a thought-provoking collection that reflects our esteemed contributors' diverse expertise and perspectives.

In this issue, we invite you to embark on an enlightening journey through the geopolitical landscape of Japan. Join us as we explore the fascinating dynamics of the Russia and China factor on Japan's partnership with NATO, unraveling the complexities and implications of this crucial alliance.

But that's not all. Dr. Karl Wilkinson takes us on a thought-provoking exploration of Japan's socio-cultural landscape. In a world that is constantly evolving, Dr. Wilkinson examines the reinvention of Japan's social fabric, delving into the dynamics of marriage, multiculturalism, and the emergence of new identities.

Prepare to be enthralled as he unveils the profound transformations taking place in Japan's society.

Deepening our understanding of Japan, we delve into the unique features of its legal system.

Authored by Adityas Challysta Joan Paramitha, Fairus Hasna, Muhammad Akhdan Syafiq, and Shamsa Malika, this comprehensive analysis unravels the intricacies of Japan's legal framework. From its historical roots to its modern-day applications, this article provides a comprehensive overview of the distinctive characteristics that shape the Japanese legal system.

Turning our attention to the political realm, Bryan Luk returns with an examination of recent political violence against Japan's top leader. Drawing upon the perspective of General Strain Theory, Luk sheds light on the underlying factors contributing to these acts of unusual violence. Through a meticulous analysis of political dynamics and societal strains, his article presents a compelling exploration of this concerning trend and its potential consequences on Japan.

In addition, we shed light on a unique crime trend that has been making waves in Japan - the mysterious dark part-time job phenomenon known as "Yami Baito." Derek Cheung explains the hidden world of these clandestine activities, uncovering the motivations, risks, and societal implications associated with this growing trend.

Lastly, APAC FOCUS Team presents a captivating photo gallery that showcases the beauty and rich cultural heritage and assets of Japan.

We hope that this second issue of APAC FOCUS Insight will stimulate your intellect, ignite meaningful conversations, and provide a comprehensive understanding of Japan's multifaceted dynamics. Join us as we explore the complexities of Japan's society and delve into the intricate tapestry that makes it such a captivating and everevolving nation.

C O N T E N T S OUR SIGHTS

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- 29

Geopolitics - Analysis: The Russia and China’s Fctor on Japan-and-NATO Cooperation

by Bryan Luk

Society - Reinventing Japan’s Socio-cultural Landscape: Marriage, Multiculturalism, and New Identities

by Dr. Karl Wilkinson

Legal - Unique Features of Japanese Legal System

by Adityas Challysta Joan Paramitha, Fairus Hasna, Muhammad Akhdan Syafiq, Shamsa Malika

Political Violence - Recent Political Violence against Japan’s Top Leader: General Strain Theory’s Perspective

by Bryan Luk

Crime Trend - “Yami Baito”, Dark Part-time job trend in Japan

by Derek Cheung

Photo Gallery - Exploring Japan

by APAC FOCUS TEAM

C O N T E N T S

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ACTIVITY REVIEW Formation of Honorary Advisory Board

Guest Speaker in an HKU Alumni Network’s AI and ChatGPT Seminar

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Attending the APRU’s Presidential Meeting 2023 in the HKU

Guest Speaker in an HKU Alumni Network’s AI and ChatGPT Seminar

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The Rise of China in Global Perspective: APAC FOCUS x HKSESSA

Hong Kong's 2023 CE Policy Address Submission

BRICS & its Future: Perspective from India and the MENA Region

by APAC FOCUS TEAM

FUTURE EVENTS - EXPLORING APAC’S FUTURE Exploring the Afghanistan-US Relations & China’s Interest in the Region: An Afghan Perspective Peace or War: Is Peace a “Castle in the Sky” for Taiwan?

A Straight Talk of Cross-Strait & Sino-US Relations Before the Taiwan Election

by APAC FOCUS TEAM

45 - 50

OUR INSIGHTS

GEOPOLITICS ANALYSIS: THE RUSSIA AND CHINA’S FACTOR ON JAPANAND-NATO COOPERATION

Background Japan and NATO recently agreed on a new partnership program aimed at improving cooperation in several areas, including cyber-security, arms control, new technologies, space, supply chains, resilience, and innovation, despite France’s and China’s dissent. The partnership comes as NATO seeks to engage more deeply with Asia while China increases its military presence.

During the announcement, Japanese Prime Minister Fumio Kishida expressed his appreciation for the new partnership program and looked forward to furthering cooperation between Japan and NATO in new areas. NATO chief Jens Stoltenberg praised Japan for its strong support to Ukraine and emphasized the importance of the new partnership between Japan and NATO. He also expressed concern about China's military build-up, including the modernization and expansion of its nuclear forces, and condemned North Korea's latest missile test, which violated international norms and multiple UN Security Council resolutions.

Stoltenberg noted that Japan is NATO's closest partner and underscored the significant role Japan plays in the NATO partnership. He emphasized the importance of global security, stating that Asia matters to Europe just as much as Europe matters to Asia.

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The Japanese Prime Minister's attendance at the NATO summit in Lithuania was driven by Japan's desire for closer relations with NATO and concerns about Russia and China. He stressed the importance of closer coordination between Japan and NATO, noting China's military activities around Taiwan and its growing assertiveness in the East and South China Seas are of great concern to Japan. The Japanese leader also pledged Tokyo's continued support for Ukraine.

To address national security challenges, Japan has announced a new national security strategy, which includes increased military spending and a shift in Japan's defense policy.

The new plan calls for the acquisition of long-range strike capabilities, expanded space and cyber capabilities, and the creation of a new integrated operational command for the Self-Defense Forces' three forces. The share of the budget given to innovation will include technologies required for the country's defenses and strategic competition will drive investment in research and development. The Ministry of Defense will also support greater investment in weapons development, both in indigenous production and through international consortia. Missile development will be a priority, and Japan will be looking to introduce long-range missiles.

Defense planners have given serious consideration to the Self-Defense Forces' ability to fight as a cohesive force. Priorities include developing integrated operational planning, including a new joint command, and investing in the forces' resilience. Making civilian airfields and ports accessible to the Self-Defense Forces will ensure readiness.

The recent strategic overhaul of the Kishida cabinet reflects the conclusions of the Tokyo defense planning community and responds to Japan's growing unease about regional tensions. Kishida has committed to raising the share of GDP dedicated to national security to 2 percent, which is a significant increase from the traditional 1 percent cap of the past four decades. Although he may not seem the most obvious candidate for military expansion given his diplomatic experience and commitment to nuclear disarmament, he is taking bold steps to ensure Japan can keep pace with the rapidly shifting military balance. He also deepens Japan's diplomatic engagement with likeminded Indo-Pacific and European countries.

Russia’s factors The "Russia Factor" issue has long been a point of contention in Japan's diplomatic relations with the West and NATO. Although diplomatic relations between Russia and Japan were re-established in the 1950s, they have yet to reach a peace treaty due to territorial disputes over islands northeast of Hokkaido known as the Northern Territories in Japan and the Southern Kuril Islands in Russia.

While the West welcomed the newly democratized Russia in the 1990s, Japan remained hesitant and was the least enthusiastic country among the G7 partners when Russia joined the framework in 1998, making it the G8. During the Abe era, Tokyo became committed to improving relations with Moscow to solve the territorial disputes and use Moscow as leverage vis-à-vis Beijing. However, some NATO countries, most notably the United States during the Obama administration, were suspicious of Japan's Russia policy in the mid-2010s.

Moreover, whereas NATO expressed interest in missile defense cooperation with Japan, Tokyo was cautious since it did not want to provoke Russia. However, Russia's illegal and unprovoked aggression against Ukraine changed the story. It has altered Japan's perspective of Russia and Tokyo's policy towards Moscow. This has also brought NATO and Japan closer together in their views of Russia and led to broader NATO-Japan engagement. Russia's actions have caused a sense of urgency in Japan, with Kishida repeatedly emphasizing the importance of aligning with other G7 partners.

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There are three major reasons why Tokyo has taken a firm position on Russia, representing a clear departure from its stance in 2014. First, the scale of Russia's actions is different this time, making it simply impossible to be indifferent. Second, Prime Minister Kishida perceives the invasion as a direct challenge to Japan, repeatedly arguing that "Ukraine today may be East Asia tomorrow." This sense of urgency, which was absent in 2014, has been stimulated by the further rise of China and the increasing strategic cooperation between Russia and China. Opposing any change of the status quo by force anywhere in the world is now firmly established as the central discourse of the Kishida government, given that Beijing is closely following the war in Ukraine and the response of the international community.

Third, Kishida was not as personally committed as Abe to the idea of improving relations and concluding a peace treaty with Russia. Japan's assistance to Ukraine has mostly been in the form of civilian aid, due to the country's self-imposed restrictions on arms exports.

However, the Kishida government provided a limited amount of non-lethal equipment such as transport vehicles, bulletproof vests, helmets, and medical equipment from the stocks of the country's Self-Defense Forces, making Japan one of the largest contributors to Ukraine.

Japan's support to Ukraine also has an important NATO aspect. Japanese representatives have been participating in the NATO-led Ukraine Defense Contact Group meetings despite providing no lethal weapons to Ukraine. Furthermore, Japan has provided monetary support to NATO's trust fund for Ukraine, channelling non-lethal equipment and materials to the Ukrainian military. At the political level, Kishida attended the NATO summit in Madrid in June 2022, and Foreign Minister Yoshimasa Hayashi attended the NATO foreign ministers' meetings in April 2022 and April 2023, with all three meetings focusing on the war in Ukraine.

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China’s Factor and Response The potential opening of a NATO liaison office in Japan has faced strong criticism from China, which has warned against NATO expanding its reach into Asia. Japan considers China as a major potential threat to its national security. Yet, China's dissent gained very limited echoed from Japan's society. According to a recent Yomiuri-Gallup poll, 90 percent of Japanese respondents did not trust China, and 61 percent believed Beijing would invade Taiwan, especially after the massive Chinese military exercises around Taiwan occured in 2022. As a result, Japan has prioritized national security, leading to the rapid expansion of military power and budget. This result represents a failure of China’s good story and the result of the so-called China’s Wolf warrior diplomacy ( ). Of course, the Russia-Ukraine War has reinforced and intensified this perception.

戰狼外交

（說好中國故事）

Although China has claimed impartiality in the Ukraine war and no advance knowledge of Russia's intent, it has not condemn Moscow's actions. Instead, it has blamed NATO for provoking the conflict, which has further strained relationships with both Europe and the US. Meanwhile, China has been growing its naval and air forces in areas near Japan while claiming the Senkaku Islands, an uninhabited Japanese-controlled chain in the East China Sea, as its sovereign territory.

However, despite growing regional tensions, the potential opening of the NATO office was not aimed at specific countries, as claimed by the Japanese government. It stated that it wanted a "constructive and stable relationship" with Beijing. Japan also recognized that larger issues such as climate change require cooperation with China.

Nonetheless, due to the complex and severe regional security environment, Japan has taken a tough position, imposing sanctions on Russia and pledging its continued support of Ukraine.

Japan's response to the prolonged complex and deteriorating regional security environment has prompted the country to strengthen its defense posture and seek closer ties with NATO amid France and China's objections. One of the most important lessons that Japan has learned from the war in Ukraine is the importance of deterrence. The fact that Russia has nuclear weapons makes things more complicated because there are always fears that Russia might use them, which forces NATO countries to be cautious to avoid unintended escalation of the conflict.

It remains to be seen if Tokyo is politically and legally prepared to play a similar role on Taiwan as Warsaw is doing with Ukraine. Currently, Japan and NATO is working together more to support Ukraine and deter Russia.

The interaction between NATO and Japan may provide a preview of how the parties see these questions evolving.

Bryan Luk Reseacher (criminology and public policy and IR); Obtained a MIPA at HKU and BSocSci in Criminology at CityU (HK).

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SOCIETY REINVENTING JAPAN'S SOCIO-CULTURAL LANDSCAPE: MARRIAGE, MULTICULTURALISM, AND NEW IDENTITIES

Japan stands at a crucial moment in its history, grappling with an accelerated population decline driven by a convergence of sociocultural shifts. Japan’s population peaked at 128 million in 2008 and has been declining ever since, projected to fall below 100 million by the middle of the century. At the core of this demographic and potential economic dilemma lies the Japanese youth's increasing divergence from traditional institutions like marriage and childbearing, amplified by their growing affinity for virtual rather than reallife relationships. The overarching sentiment regarding Japan’s population decline is negative, as experts lament the eventual demise of Japan if changes are not made.

However, there is an often-overlooked potential positive outcome: the opportunity for Japan to embrace inclusivity and multiculturalism in a reimagined Japan.

Shifting Relationship and Family Dynamics Japan's cultural traditions are rooted in Confucian principles that highlight family, duty, and social harmony. Accordingly, marriage and childbearing were staples of the Japanese way of life and, to some degree, still are. In fact, a sizable proportion of young Japanese, especially females, still subscribes to these core traditions. However, an increasing subset of the youth population is challenging these established norms, leading to less dating, sex, marriage, and childbirth.

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According to The National Fertility Survey conducted by the National Institute of Population and Social Security Research in 2015, among unmarried men and women aged 18 to 34, 60% of men – and 50% of women – stated they were not yet ready for marriage. The 2021 version of the same survey showed that about 50% of 18 and 19-yearolds have had no relationship experience. In the 20–24 age cohort, 40% of men had never dated. In addition, the number of single men in Japan is approaching 30%, almost five times higher than the 1990 figures. Findings from a Japan Family Planning Association (JFPA) survey indicated that a staggering 45% of Japanese women and over 25% of Japanese men, specifically those aged 16 to 24, exhibit either a lack of interest in sexual activities or a general aversion towards intimate encounters.

Moreover, the marriage rate in Japan has hit perennial record lows while divorces have steadily increased over the years. While many practical constraints, such as the cost of childrearing and the challenges of maintaining work-life balance for married couples, underline these statistics, the general disengagement in romance, marriage, and childbearing cannot be understated. I asked an unmarried Japanese friend, Kenji (28 years old), for his views on the issue: “I think marriage should be defined differently depending on the times because it is essentially a system meant to keep society running efficiently. It’s a kind of risk hedge mechanism in many ways, and as such, it is not always suitable or necessary. I have been desirous of experiencing marriage and child-rearing, like many other Japanese.

However, I am embracing the fact that, at this point in time, marriage may not be a good fit for me, hence I am unmarried, and that’s okay.”

This disruption is not merely altering personal relationships but distorting demographic trends. The delay in marriage is particularly worrisome as females grow progressively less fertile with age.

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Traditional Legacies and Contemporary Adaptations The historical institution of marriage in Japan was deeply influenced by the omiai system, a practice that allowed families to play an instrumental role in matchmaking. This approach, while aimed at ensuring compatibility, also underscored the delicate balance between personal desires and communal interests. However, as modernity reshapes social values, the grip of omiai is gradually waning. An era of individual autonomy is emerging as people seek partners based on shared values, genuine affection, and convenience.

During a field research project in Kawadani, a rural village in Niigata Prefecture, I explored traditional marriage practices in the context of the rural decline in Japan. I interviewed Etsuko, who married as a teenager in the 1950s. Her marriage was arranged by her parents, and she had little knowledge of her husband-to-be until she became his wife (yome-san) and moved into his family's home. Her experience was marked by discomfort and rivalry with her husband's family, particularly her mother-in-law, who imposed her way of doing things on Etsuko. The situation was further complicated by her husband's extended absences for seasonal work in big cities, known as "dekasegi."

Additionally, Etsuko couldn't visit her own family for years due to limited autonomy and distance. Despite these challenges, she eventually developed a strong commitment to her husband and new family after the birth of their children and the passing of her husband's parents.

Fast-forward to contemporary Japan, not only is such a system infeasible, given greater individual freedoms and autonomy, but it is also impractical given the demands of modern education, which often require youth to study well beyond their adolescent years. Moreover, the role of the traditional oyome has evolved with urbanization and the shrinking of extended families.

The growing popularity of virtual relationships adds yet another dimension. Today’s youth are increasingly more attached to electronic devices, gaming, and virtual identities. Data shows that virtually all Japanese high school students own a cell phone, and most adolescents in Japan regularly access the Internet. Accordingly, today’s youth are becoming more comfortable and versed in online rather than in-person interactions, be it on social networking sites like Instagram or other pathways into augmented reality. The widespread use of online learning throughout the coronavirus pandemic would have also contributed to solidifying that virtualized disposition.

The appeal of virtual relationships lies in their convenience and flexibility. Indulgence can be negotiated on the user’s terms, around their schedule and mood, and turned on and off at their whims. Tinder is a good example of an outlet for this flexibility. When you want a connection, you open the app and choose who to connect with and on what terms. As a result, similar apps such as Pairs, Tapple, and With have been gaining traction in Japan recently.

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It is reasonable to assume that the shift away from traditional dating and marriage is impacting the national birth rate. Having peaked in the 1970s, recorded births hit their lowest just last year and the total fertility rate in Japan has declined to a record low of 1.34. With an aging population and a dwindling cohort of young adults, there is increasing pressure on public resources, which triggers concerns about the future of pension schemes, healthcare infrastructure, and elderly care facilities. Additionally, uncertainty around the continuity of a robust Japanese labor force poses risks to the nation’s economy, legacy of innovation, and global competitiveness.

Multicultural and Inclusive Japan So far, this essay has discussed the shift, particularly among Japanese youth, away from traditional family structures, which is poised to adversely affect Japan’s demographic and socioeconomic landscape. However, alongside these challenges, there are also positive transformations taking place.

New labor demands, for instance, have resulted in an embrace of multiculturalism and global engagement. As of 2023, the number of foreigners in Japan is at record highs, and current expats represent a broader cross-section of nationalities and ethnic backgrounds.

Among the migrant population are language teachers, who traditionally came from wealthy nations such as the UK, Canada, and Australia. However, recently, more teachers are arriving from developing countries such as the Philippines and Jamaica, adding even more diversity to Japan’s emerging multicultural scene. Interestingly, in contrast to the tendencies of economic migrants, teachers do not only perceive themselves as beneficiaries of economic and social benefits in Japan but also as contributors to Japanese society and culture and as symbols of solidarity and symbiosis. Maria, a Filipina language teacher, had this to say: “I love that I am able to be of value to Japanese society in a variety of capacities.

Nothing is more rewarding than helping students achieve their goals, such as passing a language test or preparing for an overseas trip. Also, I like that I am able to bring the “foreigner perspective” that helps them understand diverse viewpoints and cultures. I also love that I get to perform my socio-civic duty as a resident in Japan, paying my taxes, volunteering, and strengthening ties between Japan and the Philippines.”

Additionally, migrant workers have started to become more commonplace in various industries across Japan. Once confined behind the walls of factories, migrant workers now appear in places once reserved for Japanese nationals.

The Technical Intern Training Program (TITP) is one outlet responsible for Japan's influx of foreign workers. The TITP is a skills transfer program that saw the recruitment of hundreds of thousands of mostly Southeast Asians who work in various technical industries in Japan. The Tokai area is Japan's manufacturing hub and home to Toyota Corporation, Japan’s largest company. As a result, the area has scores of Brazilians and Filipinos, many of Japanese roots (nikkeijin), working in factories and related industries.

Recently, Vietnamese nationals work in Japan as hotel housekeepers, farm workers, and in the construction industry, and ethnic-Indian convenience store workers are becoming more commonplace. Importantly, the changes are not only reflected in the ethnicities represented in Japanese industry and social life but also in the ideas and cultural expressions. Hip hop, reggae, and other musical forms, as well as tattoos, body piercings, and even gay parades all converge in an emergent dynamic cultural milieu.

Another positive consequence of the shift away from traditional relationships and family structures is the growing acknowledgment and inclusion of diverse forms of sexual expression. This shift contributes to a more inclusive atmosphere, particularly benefiting the often-marginalized LGBTQ community in Japan. Notably, Japan stands out as the sole G7 nation without legal protections for sexual minorities. More than ever, LGBTQ individuals can more freely seek relationships founded on genuine affection, propelled by and, in turn, propelling greater societal acceptance and understanding.

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Municipalities across Japan have also taken steps to recognize same-sex partnerships.

Starting with Shibuya and Setagaya Wards in Tokyo in 2015, over 250 municipalities across Japan now offer some level of recognition and protection for LGBTQ couples.

However, these agreements do not amount to marriage, highlighting the difficult road ahead to full inclusion. The media and film industries are also playing their part.

Recently, there have been several popular LGBTQ-themed dramas that are piercing holes into Japan’s largely conservative film industry and provoking thought and calls for change. These trends signal a growing openness towards diverse lifestyles and the acceptance of previously marginalized identities.

In sum, though largely perceived as a curse and imminent crisis, Japan's socio-cultural and demographic shifts are presenting an opportunity for change. The shift in marriage and relationship paradigms, especially among youth, lays the groundwork for a reimagined Japan where multiculturalism and inclusion are the norm and not the exception. While there is still a long way to go, the country is undoubtedly moving in the right direction and its demographic woes and shifting values will only add fuel to the fire of change.

Dr. Karl Wilkinson, Ph.D. Lecturer (International Development) at Gifu Shotoku Gakuen University Japan, and Hon. Advisor of APAC FOCUS; MA and PhD at Nagoya University Japan, and a former Jamaica youth ambassador and youth parliamentarian

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LEGAL UNIQUE FEATURES OF JAPANESE LEGAL SYSTEM

Despite the significant influence of traditional Chinese legal principles on various aspects of Japan's legal system, such as public and criminal law, it's important to note that Japan's commercial law system was predominantly shaped by indigenous customs. These customs were well-established within the Japanese commercial sector and served as the primary means for resolving disputes. When issues arose, these customs were enforced through a network of self-regulatory guilds, trade associations, and, when necessary, the judicial system.

Prior to the Meiji Era, the legal landscape in Japan did not resemble the legal profession as understood in the United States. There was a notable absence of legal professionals, and specialized legal training for providing counsel or representing clients in court was virtually non-existent. This scarcity of legal expertise was compounded by a broader societal context characterized by a strong inclination for individuals to independently address their issues, without resorting to third-party intervention.

The Tokugawa governments, in their pursuit of maintaining social order and preventing commercial disputes from escalating to formal legal proceedings, embraced Confucianism. This philosophical system emphasized principles such as social hierarchy and harmony (referred to as "wa") as state orthodoxy. It imposed an obligation on individuals to serve their superiors and demanded that society as a whole prioritize social harmony. In the Tokugawa system, the act of emphasizing one's own rights in a formal court setting was perceived as a disruption to societal harmony, an outcome vehemently discouraged. Consequently, conciliation played a central role in civil procedure during this period, with the paramount objective being the preservation of societal harmony.

Individual rights held little significance within this framework, to the extent that the concept itself was foreign to the Japanese of that era, lacking even a linguistic expression. Furthermore, the notion of asserting individual rights against the state was beyond the imagination of the time.

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While this emphasis on resolving disputes amicably and without resorting to litigation may initially seem like a vestige of a bygone era, it remains culturally significant in contemporary Japan. Many Japanese individuals continue to adhere to this traditional precept. Consequently, for an American seeking to cultivate a successful, long-term business relationship with Japanese counterparts, it is imperative to depart from the Western legal-centric approach that heavily underscores the rights and obligations delineated in contracts.

In Japanese business culture, the focal point of dispute resolution lies less in identifying whose rights are in question and more in safeguarding "wa," the harmonious relationship between parties. This perspective starkly contrasts with the American practice of resolving disputes by closely scrutinizing the language of contracts to ascertain rights and obligations. Instead, the Japanese prioritize the spirit of trust and cooperation between parties, often placing greater weight on this ethos than on the specific wording of a contract. In essence, parties are encouraged to collaboratively address issues, even if such resolution deviates from explicit contract language.

The Role and Influence of Seniority in Japan's Judicial Hierarchy Japan's legal landscape is distinguished by a meticulously structured judicial system, where the principle of seniority holds a pivotal position in defining roles and interactions within the judiciary. It is essential to delve deeper into the multifaceted significance of seniority within the Japanese judicial hierarchy and understand its broader implications.

Judicial Selection and Advancement: the bedrock of the Japanese judicial hierarchy lies in the meticulous selection and promotion of judges. Newly appointed judges typically commence their careers at the grassroots level, presiding over cases in Summary Courts.

The trajectory of their judicial careers hinges significantly on both seniority and performance evaluations. While performance merits consideration, it is paramount to understand that seniority serves as a substantial determinant in the promotion process.

The Japanese government places immense value on seniority as an indicator of experience and expertise, qualities deemed essential for judges who are entrusted with the weighty responsibility of interpreting and applying the law.

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Allocation of Complex Cases: another facet of seniority's influence can be discerned in the allocation of cases to judges. A prevailing practice is that judges with lengthier seniority are often entrusted with intricate, high-profile cases. This practice stems from the belief that senior judges possess the requisite experience and competencies necessary to adeptly navigate and adjudicate these complex legal matters.

Impact on Judicial Decision-Making: the ambit of seniority extends its influence to the realm of judicial decision-making. Judges endowed with greater seniority may exhibit a proclivity to defer to the opinions and judgments rendered by their more experienced colleagues, even in the presence of dissenting viewpoints. This predisposition to defer is attributed to the perception that senior judges bring an abundance of experiential wisdom to the deliberative table.

Critiques and Challenges to the Seniority System: while the seniority system bears intrinsic merits, it is not impervious to criticisms. Detractors argue that it can be prone to inequities and undemocratic tendencies. This perspective contends that the system may inadvertently bestow disproportionate influence upon senior judges, potentially resulting in decisions that lean towards seniority rather than merit. Additionally, this hierarchical structure may perpetuate a culture of deference to authority, which can serve as a deterrent for legal practitioners, including lawyers, to challenge judicial decisions or positions held by senior legal professionals.

The broader Implication is that beyond its direct impact on the judiciary, the seniority system engenders far-reaching implications for legal practice in Japan. Younger lawyers may encounter formidable obstacles in advancing their careers, as promotions or significant case assignments may preferentially favor more senior colleagues. Moreover, this hierarchical structure fosters a culture of deference to authority that can hinder legal practitioners from robustly contesting judicial decisions or positions advanced by senior figures within the legal community. The role of seniority remains an enduring and intricate facet of Japan's judicial framework. It fundamentally influences the recruitment, progression, and responsibilities of judges, eliciting both advocacy and criticism.

Furthermore, this hierarchical ethos permeates the legal profession, impacting career trajectories and fostering a culture of deference. As Japan's legal landscape continues to evolve, the discourse surrounding the role of seniority within its judiciary will invariably persist as a subject of ongoing dialogue and deliberation.

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Hostage Justice: A Mistreatment in Pre-Trial Detention of the Japan’s Criminal Justice Practice Japan has a judicial system that is usually considered as competent and unbiased on an international basis. Still, its criminal justice system is based on laws, processes, and practices that often violate the rights of the defendant. The problems are so deep and pervasive that domestic critics have dubbed it the "hostage justice system" (hitojichishiho), referring to the fact that suspects are frequently detained prior to trial for long and arbitrary periods of time—sometimes for several months or more than a year—in order to obtain confessions. The issues are so well-known in Japan that the phrase, "Enzai," is used to describe false charges that lead to a person being a victim of the court system.

The Infringed Rights of the Defendant Knowing the problems is regarded as "Enzai." There is an acknowledgment describing miscarriages of justice that mentions Enzai, “Even if you are innocent, you are treated as if you are a criminal. That is enzai. If one individual spends their whole life arguing their innocence, they will discover that the walls of justice are quite thick. Even if you are found not guilty, the time taken from you will never be restored. You may never be able to reclaim your work, family, friends, or financial security.”

Based on dozens of witnesses of former detainees and their family members, lawyers, prosecutors, and legal experts, they documents the routine denial of bail, detention of suspects to obtain confessions, questioning of detainees who wish to remain silent or have requested a lawyer, questioning of detainees without the presence of a lawyer, and repeated arrests of detainees to prolong pre-indictment detention. Instead of detaining suspects in specialist detention facilities, most are held in cells inside police stations, where they are virtually constantly monitored, even at mealtimes and at the toilet.

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These practices create significant human hardship and lead to unjust convictions. They infringes internationally mandated rights to due process and a fair trial, as well as the right not to be subjected to cruel, barbaric, or degrading treatment. Many of these rights, notably the right of every detainee to immediate access to legal counsel, the right to due process, and the right to self-incrimination, are also protected in Japan's 1946 Constitution.

False Accusation and Wrongful Conviction The location of confinement is a relevant element of Hostage Justice. Investigators frequently imprison defendants in police holding cells (ryuchijo) rather than formal detention centers (kochisho), making interrogation simpler. This practice of "substitute imprisonment" (daiyo kangoku) has long been chastised as a "hotbed of false confessions."

From November 1989 to March 1993, Japan had an unofficial 40-month moratorium on executions. Then, between 1993 and 2021, Japan executed 133 individuals by hanging.

During the same 29-year period, the country's 50 District Courts executed far over 200 persons. As of March 2022, 109 convicts had received a definitive death sentence. An estimated 1,500 people are wrongfully convicted yearly based on reasonable assumptions.

Before Japan's lay judge reform (Saiban-in), 1,500 erroneous convictions would have accounted for around 1% of the instances in which prosecutors requested yearly pretrial detention for criminal defendants.

In the United States, "the conventional view" is that the wrongful conviction rate for violent crimes is, in contrast, "at least 1% and possibly as high as 4% or even more," although skeptics claim that the rate is 16 to 62 times lower "somewhere in the range of 0.016%-0.062%." In recent years, some death row convicts in Japan have been hung while seeking a retrial. There is also the periodical Enzai File ("False Charges File"), which has published 32 issues since 2008 and focuses on unjust convictions.

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Saiban-in: Ordinary Citizens in the Japanese Legal System Japan employs a system of lay judges in serious criminal cases. These are ordinary citizens who participate in the trial alongside professional judges. This system was introduced to make the legal process more transparent and accessible to the public. The lay judges system was introduced in 2004, with the first trial appearing in 2009. The lay judges participate in fact-finding, decisions on law, and sentencing at the district-court level.

Lay Judges Procedure The system involves six lay judges chosen at random from the electoral roll joining three professional judges to decide criminal guilt in serious criminal trials. In a trial that combines lay and professional judges, a majority of at least nine individuals is necessary, with at least one among the nine being a professional judge. Consequently, the presence of a professional judge is essential for a defendant to be convicted in a trial with lay judges. However, the presence of a professional judge is not obligatory for a verdict of acquittal, and a majority of lay judges may opt to declare a defendant not guilty.

District courts serve as the initial judicial venue for the majority of criminal cases in Japan. One district court exists in each of the 47 prefectures, except Hokkaido, which has four district courts. These district courts maintain branch offices at a combined total of 203 locations. Lay judges collaborate with professional judges during trials and are permitted to pose questions before participating in deliberations alongside the professional judges. Lay judges receive a stipend of up to JPY 10,000 (equivalent to approximately USD 91) per day.

The Impact towards Japan’s High Conviction Rates From May 2009 to October 2018, there were 11,564 trials that included lay judges, and 65,243 Japanese citizens participated as lay judges. Legal practices have been closely monitoring whether this system has had a substantial impact on Japan's traditionally high conviction rates. When comparing the rates of acquittal before and after the reform, it appears that the introduction of the lay-judge system has had minimal effect on the overall conviction rates, which remain notably high. In trials involving lay judges, the accused were acquitted in 0.8% of cases up to October 2018. In contrast, in cases before the reform that exclusively involved professional judges from 2006 to 2008, the accused were acquitted in 0.6% of cases. However, there are significant variations depending on the nature of the case. For instance, post-reform acquittal rates for drug-related cases (3.9%) surpass the average post-reform acquittal rates (0.8%).

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While the new system hasn't substantially altered conviction rates thus far, it may have far-reaching effects in various aspects. For instance, judges, prosecutors, and defense attorneys now convene prior to the so-called continuous trial to establish a trial plan.

Additionally, as of June 1, 2019, it is mandatory for law enforcement and prosecutors to comprehensively record suspect interviews when the case will be adjudicated by a saiban'in panel.

Challenges Ahead As emerging technologies continue to advance, the interest in involving laypeople in the Japanese criminal justice system may appear outdated and charming. Internationally, courts are exploring the use of artificial intelligence to assist in sentencing and ensure uniformity. The utilization of electronic devices, cameras, and DNA in gathering evidence, for instance, could simplify the prosecution's job and potentially result in more decisions to pursue charges or elicit confessions. Furthermore, Japan's recent amendments to plea-bargaining regulations have granted prosecutors increased authority, potentially altering the dynamics for corporate entities in Japan. The precise implications of these advancements on lay participation remain uncertain.

Adityas Challysta Joan Paramitha

Fairus Hasna

LLB Student at the Universitas Sebelas Maret, Indonesia. Deputy VP of International Law Student Association (ILSA) Chapter Universitas Sebelas Maret.

LLB Student at the Universitas Sebelas Maret, Indonesia. Head of delegates from team Willem C. VIS UNS 2023.

Muhammad Akhdan Syafiq

Shamsa Malika

LLB Student at the Universitas Sebelas Maret, Indonesia. VP (internal affairs) of ILSA. ACtive members of various of international arbitration moot.

LLB Student at the Universitas Sebelas Maret, Indonesia. VP (Media and Funding) of ILSA and Staff of Public Relation of the Business Law Society (BLS) Universitas Sebelas Maret.

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POLITICAL VIOLENCE RECENT POLITICAL VIOLENCE AGAINST JAPAN’S TOP LEADER: GENERAL STRAIN THEORY’S PERSPECTIVE

Background In 2022, Shinzo Abe, Japan's longest-serving Prime Minister, was assassinated by 41-yearold Tetsuya Yamagami while speaking at a political event in Nara City. Yamagami used a handmade firearm to shoot Abe, who died at the scene. After the assassination, Japan's police searched Yamagami's accommodation and found several other handmade weapons and explosives.

Another attempt to attack Japan’s key political figure occurred again after nearly a year of Abe’s assassination. On 15th April 2023, a 24-year-old suspect named Ryuji Kimura threw an explosive device at Japanese Prime Minister Fumio Kishida. His security crew was able to escort him away from the scene, and he successfully evacuated from a port in Wakayama. Again, powder and homemade explosives were found in his home.

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Traditionally, Japan is known for being extremely orderly and law-abiding, with an extremely low crime rate in the Asia Pacific region. Gun violence is extremely rare in Japan due to strict gun control laws, and incidents of political violence are almost unheard of. Thus these two accidents have brought a lot of public attention and shocked Japan's society.

Due to its impacts, these incidents will surely trigger attention from both Japan’s policy and academic realm. This article suggests that the socio-criminological General Strain Theory (GST) could be a suitable theoretical framework for conducting in-depth studies regarding this kind of strain-based crime.

General Strain Theory The traditional strain theory introduced by Robert K. Merton argues that deviant behavior and crime can result from strains created by anomie and the blockage of goal-seeking behaviors. Deviances occur when there are not enough legitimate cultural means and opportunities for people to achieve socio-culturally identified goals, mainly focusing on monetary success or middle-class status.

Merton's theory gained popularity in the early stages, as it provided a pioneer sociocriminological theoretical framework for social scientists to study the social phenomena of deviances and crimes in the United States through a society's class structure, economic activities, and cultural background on a macroscopic level.

Nonetheless, Robert Agnew revised Merton's Strain Theory by building a relationship between negative emotions of stress and delinquency in the late 1980s. He developed the GST in 1985, which adheres to the groundwork of Merton's Strain Theory but proposes a different explanation for crime causation. The GST argues that the major crime causation is not so much related to the "inability to achieve positively valued goals," but the "inability to escape from painful or aversive conditions.". His work further explains that strains could be objective and subjective, in which people are more likely to engage in delinquency because they experience certain strains or grievances but incapable of escaping from these painful or aversive conditions.

In essence, Agnew identified a total of three types of strains: (1) strain as the actual or anticipated failure to achieve positively valued goals, (2) strain as the actual or anticipated removal of positively valued stimuli, and (3) strain as the actual or anticipated presentation of negatively valued stimuli. Individuals facing stresses but are incapable of escaping from them may commit deviant behavior as one of the possible reactive and corrective actions, as it could be used to reduce or escape from strains, seek revenge against the source of strains and related targets, and to alleviate negative emotions.

The Implication to Explain the Recent Strain-based Political Violence in Japan Back to the case, both attacks seem to have been carried out by individuals who were experiencing a high degree of strains or grievances that led them to commit these violent acts. GST suggests that individuals facing stress may commit criminal behavior as one of the possible reactive and corrective actions, as it could be used to reduce or escape from strains, seek revenge against the source of strains and related targets, and alleviate negative emotions.

Abe’s Assassination – social-and-financial-strains-oriented Based on the data collected from the news report from different sources (such as Kyodo News, the Japan Times, Sankei Shimbun and etc.), there is strong evidence showing that his criminal behavior is social-and-financial-strains-oriented. Yamagami had experienced multiple strains in his personal life. His financial strains stemmed from his mother's donations to the Unification Church, which ultimately led to her bankruptcy in 2002.

After the bankruptcy, she continued donating to the church, which led to extreme financial difficulties for Yamagami and his siblings during his adolescent period.

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His financial status did not have a profound improvement during his career development, as his career path was not stable, positive, and promising. His working records show that he had worked for at least 10 different companies for 17 years until the assassination, mostly taking short-term part-time jobs or dispatched labor and quitting swiftly for personal reasons. In October 2020, he started working as a forklift operator in Kyoto Prefecture for a manufacturer that operated in the Kansai region. He quit in May 2022 after claiming that he was "feeling unwell". After that, he briefly worked under another temporary staffing firm until he resigned in early June 2022. It is unclear whether his financial status was stable or not, but before his assassination against Abe, he was unemployed and 600,000 yen in debt with only 200,000 yen in his savings accounts.

In addition to financial strain, he also experienced personal strains, such as the suicide of his father in 1984 and older brother in 2015, and struggles with the Unification Church since childhood. These negative stimuli became a trauma that broke down his positive stimuli. Yamagami blamed the Unification Church for destroying his family relationship.

He had also attempted suicide in the past, and his family's financial struggles, which had been worsened after the hit of the COVID-19 pandemic, likely added to his feelings of hopelessness in the past few years.

Given the circumstances, it is possible that Yamagami saw the assassination as a way of seeking revenge against the Unification Church and those he perceived as supporting it.

By carrying out the assassination, he may have felt as though he was striking back at those who he believed had caused his family's financial difficulties and personal struggles, and more importantly, as a means to alleviate his feeling of strain.

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Attempts to attack Fumio Kishida – political-oriented?

In the case of Ryuji Kimura, it is still under investigation. Also, the suspect refused to disclose his motives. Therefore, unlike the first case which can provide a deeper analysis, the second case analysis can only be based on minimal sources.

Currently, the basic hypothesis is that his motive shall be political-motivated. According to Japan’s election law, candidates must be aged 30 years or older and present a 3million-yen deposit to run for the election of House of Councillors. He claimed that he was unfairly blocked from running for the election of House of Councillors due to his age (when he was 23 at the time) and financial constraints. In June 2022, Kimura filed a lawsuit against the government with Kobe District Court, arguing that the election law violates constitutional rights and guarantees of equality and claiming the blockade of his candidacy by Japan’s election system was unconstitutional, and calm for 100,000 yen in compensation for his psychological anguish. However, the court dismissed his claim in November 2022 ruling. In response, he appealed the District Court’s decision to Osaka High Court.

In that sense, the prima facie information shows that Kimura's frustration and anger at the election political system may have led him to engage in violent behavior towards the Prime Minister, as he sought to take revenge or seek justice for what he perceived as an unfair system. His actions can be seen as an attempt to cope with the strain he was experiencing, as he felt marginalized by the political system and may have believed that this was the only way to draw attention to his grievances.

To sum up, the social strain theory is a useful framework to provide some insights and research directions for understanding the possible motivations and underlying factors that may have led to these attacks. Both cases illustrate that the major cause of this assassination is the person’s inability to escape from painful or aversive conditions. They experience a process of removal of positively valued stimuli, and being influenced by the strain that anticipated the presentation of negatively valued stimuli.

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The Attacks & the Possibility of Radicalization After Abe’s assassination, Japan’s civic societies put their focus on the issue of police performance of VIP security protection and the practices of the Unification Church in Japan. As a result, under public pressure, the National Police Agency of Japan has announced that they will be reevaluating all VIP protection plans from the prefectural police. If necessary, they will recommend changes to the plans. Also, nearly a month after the assassination, the Commissioner General of the National Police Agency Itaru Nakamura, the Chief of the Nara Prefectural Police Tomoaki Onizuka and the Director General of the National Police Agency's Security Bureau Kenichi Sakurazawa declared that they would resign from their post to take responsibility for the shooting incident.

The resignations marked the highest-profile fallout after the assassination.

Concerning the problem related to Unification Church (UC), two notable measures were taken. Firstly, the Japanese government decided to investigate the practice of UC, suggesting the possibility of dissolving it based on the investigation report. Secondly, the national legislature passed bills of the Prevention of Unfair Solicitation of Donations by Corporations Act to ban malicious donation solicitations.

With all these policy changes, the causes of this tragic event were well-addressed.

However, the recent attempt to attack the current Japanese Prime Minister might present an extremely worrying message to the public. After the assassination of Abe, it seems Japan’s society is experiencing turmoil potentially linked to radicalization. The second attempt to attack the current Prime Minister could be a sign of such a social crisis.

Although it is unclear whether the perpetrators of these two attack cases have gone through the process of radicalization, previous studies suggested that attacks targeting political leaders often involve a process of radicalization. Radicalization itself is a sophisticated topic mixed with multi-disciplinary subjects, including sociology, criminology, psychology, and political and security studies, so it has been a hot debate about the causes of radicalization and terrorism.

Apart from theoretical implications to traditional crime, the GST can also explain radicalization as a coping mechanism for individuals who experience strain. Agnew discovered that past research on terrorism focused on strains could not effectively identify the key characteristic of strain that could lead to terrorism, explain the reasoning behind turning to terrorism, and clarify the critical factors that cause only a small percentage of strain victims to become terrorists. He, therefore, argues that the GST could address these issues, as it could explain how these strains reduce social control, promote extremist beliefs and terrorism, and foster a radicalized problem-solving response. His argument currently has earned support from other recent studies, where much research suggests that strains could be one of the major reasons for radicalization and terrorism.

Individual factors & Societal factors It is noteworthy that the GST not only covers the explanation of individual crime and radicalization, but it can also explain societal anomie as a result of widespread strain experienced by members of society and the dynamic between collective strains, radicalization, and political violence.

As stated by GST, the experience of collective strains could be political conflicts, wars, or socio-economic pressures that lead to long-term deprivation in living standards and the environment. It could (1) reduce social control and cohesion, (2) provide models for and foster beliefs favorable to extremism and terrorism, and (3) foster a collective orientation and problem-solving response.

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As we know, Japan has experienced a range of socioeconomic challenges, including the prolonged economic downturn known as the Lost 30 Years (or maybe reaching to Lost 40 Years). These challenges have contributed to a sense of economic failure and hopelessness among many individuals, leading to a rise in deviant behaviors such as social withdrawal and hikikomori. Such societal factors may contribute to the strains experienced by individuals and the potential for radicalization and political violence.

In Japan, the traditional path to success has been through education and hard work, leading to a successful career and financial stability. However, the Lost Decades, which lasted from the early 1990s to the early 2010s, were characterized by low economic growth, deflation, and high levels of public debt. These factors contributed to a sense of economic decline among many Japanese individuals, particularly among the younger generation. The quality and quantity of employment opportunities decreased, and many individuals found it difficult to achieve the financial success that was once promised to them. This sense of economic failure and hopelessness led to anomie, as they felt that they were unable to meet the expectations placed upon them and, meanwhile, were not able to escape from painful or aversive conditions.

One of the profound phenomena that could well-reflected the Japan’s on-going socioeconomic struggle is the Hikikomori. It is a term used by the Japanese Health, Labor and Welfare Ministry to define a person who has not left their homes and physically interacted with others for at least six months, which is basically a total withdrawal from society and the adoption of extreme social isolation. In 2019, the Japanese government estimated that there were around 1.15 million people of hikikomori aged 15–64, but in contrast, psychiatrist Saitō Tamaki, an expert in studying hikikomori for over two decades, estimated the number might, in fact, reach to 10 million.

The rise of hikikomori can be seen as a societal manifestation against the high magnitude of socioeconomic strains. The way they choose to withdraw themselves from social groups and society is a way to reject cultural goals and the means to obtain them.

This phenomenon has been prevalent in Japan for decades. Still, it has become more pronounced in recent years, highlighting the ongoing struggle that many individuals face in the wake of the Lost Decades. Their inability to meet cultural goals can lead to frustration, anger, and resentment, which may contribute to the potential for radicalization and political violence.

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Subjecting to this unusual social phenomenon and in the wake of recent political violence against the top political leaders, it is necessary to rethink the attacks more societally. In fact, since Yamagami's apprehension, he has been idolized and sympathized with by some public members in Japan. His Twitter account gained over 45,000 followers within one day after his account was leaked to the public. Thousands of messages of celebration and admiration were posted on his social media. Some Japanese people have been cosplaying as him during events like the rally against Abe's state funeral.

Considering these public reactions, here are some critical questions for future exploration, for example: whether the ongoing long-term socio-economic tension will contribute to more similar attacks and political violence against political leaders, or even create a perfect atmosphere for cultivating radicalization and domestic terrorism in the future? Will these groups of social-isolated people be more likely to engage in future violent radicalization? Are they more vulnerable to being radicalized and more likely to imitate others?

Of course, it is vital to note that this article is not trying to give a casual assumption that the on-going socioeconomic tension will directly cause radicalization and so political violence, or vice versa. On the contrary, I put forward a discussion that apart from just using the GST to focus on studying individual factors, it is necessary to think beyond and apply the theory to include a broader view for studying the issue in a more comprehensive way. Notably, especially historical events have proven that serious prolonged socio-economic strains in effect could create a perfect greenhouse atmosphere for nurturing domestic radicalization and extremism in society, and result in continual political assassination events. By addressing these factors, we can better understand the underlying causes of political violence and develop more effective strategies for future prevention and intervention.

Bryan Luk Reseacher (criminology and public policy and IR); Obtained a MIPA at HKU and BSocSci in Criminology at CityU (HK).

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CRIME TRENDS

“YAMI BAITO”, DARK PART-TIME JOB TREND IN JAPAN

闇バイト

“Young people in Japan are being drawn into “Yami Baito” (in Japanese: ) , or “dark part-time jobs”, which are used to outsource illegal works at the hands of criminal bosses.

According to Japanese officials, since the summer of 2021, more than 50 cases of robbery and theft involving “Yami Baito” have been reported in at least 14 prefectures across the country. Over 60 individuals, most of them in their teens and 20s, have been arrested.

What is “Yami Baito”?

In short, “Yami Baito” refers to part-time jobs that involved criminal activities. These jobs are advertised on social media sites, promising high income and easy money (reported to be up to USD $350-700 per day). Typical recruitment posting for “Yami Baito” is vague, and makes no mention of explicit criminal activities, but rather focuses on the potential high income.

Once applicants join, they will be asked to provide personal information like a normal job application, and then assigned various tasks, such as being couriers to transport money obtained from fraud, or even carry out robberies. For instance, a 20-year-old lady was arrested for impersonating police officers with accomplices and conned an elderly woman into handing over her bank ATM cards. Moreover, four suspects, all aged under 20, were arrested for committing a heist at a luxury watch shop in Tokyo in broad daylight. Many young people who are seeking to earn money easily are drawn to such high-risk jobs, and those who are unemployed or in financial trouble are particularly vulnerable.

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The Risks of “Yami Baito” In fact, young workers involved in “Yami Baito” are both the perpetrators and the victims.

In addition to the obvious risk of being arrested, these workers also face the danger of being exploited by their criminal bosses. It is not uncommon for young workers who participate in criminal activity to be forced to continue working for their bosses. A former "Yami Baito" worker has spoken out about how the criminal bosses threatened to disclose her personal information, along with the crimes she committed, to the police if she did not comply with their demands. In such cases, "Yami Baito" workers are used like disposable tools to commit crimes until the day they are arrested. Also, being inexperience criminals, the young workers sometimes lose control and committed more serious crime. For instance, in January, a 90-year-old woman was killed in western Tokyo by burglars recruited from “Yami Baito”.

The Challenge of Detecting “Yami Baito” The recruitment process is completed online, and the tasks are also distributed online through platforms like Instagram, Twitter, or Telegram. Therefore, just like any online scam, it is difficult to track down the criminal bosses. With the aid of internet, the criminal bosses may not even be in the country. Recently, authorities traced and arrested four Japanese men suspected to be "Yami Baito" criminal bosses. The men operated their "business" with smuggled cellphones while imprisoned in the Philippines. Although not bound by any extradition treaty, the Philippines deported the four suspects.

To Tackle the Trend of “Yami Baito” It is believed that “Yami Baito” has become a social issue in Japan, and the aforementioned group is not the only one. The operation of “Yami Baito” organization is not complicated and can be easily copied and utilized by anyone. The Tokyo Metropolitan Police Department reported that 3,480 offers of such illegal work were found on Twitter in 2022, up from 2,246 in 2021. A former detective believes that young people under 20 are more prone to “Yami Baito” because they believed that they could take advantage of juvenile law and receive lenient punishment for their crime. To address the increasing in serious juvenile crime wave in Japan, the juvenile law was amended in 2022, lowering the age of juvenile from 20 to 18. Authorities are also taking the initiative and preparing to implement an artificial intelligence system to expose criminal online posts. In addition to increasing detection and punishment, criminologists suggest that fundamental remedies such as improving education and narrowing income gaps are also important to create a society that does not breed crime.

Derek Cheung Assistant Researcher in LegCo member's office.

Received his BSoc.Sci. in Criminology with first class honors at CityU (HK).

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PHOTO GALLERY: EXPLORING JAPAN

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APAC FOCUS team

APAC FOCUS

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ACTIVITY REVIEW

FORMATION OF

HONORARY ADIVSORY BOARD After months of preparation, we are so excited to announce the formation of our honourary advisory board that supports our growth and development.

(1) Dr. Michael Y. L. Luk Ph.D., an Honorary Associate Professor of the Department of History and School of Chinese of the University of Hong Kong; (2) Prof. Maria Francesch-Huidobro Ph.D., a senior environmental sustainability and CSR professional and an Adjunct Professor at the Department of Geography of the University of Hong Kong; (3) Dr. Jane LEE Ph.D. & Justice of the Peace, the President of Our Hong Kong Foundation, the Chair of the Social Innovation and Entrepreneurship Development Fund Task Force, and a member of the Commission on Poverty, and Antiquities Advisory Board; (4) Dr. Karl Wilkinson Ph.D., a Lecturer teaching international relations at Gifu Shotoku Gakuen University and a former Jamaica youth ambassador and youth parliamentarian; (5) Dr. Lawrence H. W. Yu, Ph.D., a Teaching Fellow at Schwarzman College Beijing Tsinghua University, a Co-founder and Director of the Good City Foundation, a Director and Chief Executive of the Future City Summit, and the Founding President of the Hong Kong Scholarship for Excellence Scheme Scholars Association.

Currently an Honorary Associate Professor of the Department of History and School of Chinese of the University of Hong Kong, and the Founder and Director of Greater China Institute. He obtained his bachelor's and master's degrees from the University of Hong Kong, and then pursued his doctorate from the University of Toronto in Canada with the support of Commonwealth PhD Scholarships back in the 1970s.

Dr. Michael Y. L. Luk, Ph.D. Honorary Strategic Advisor Ph.D. in Chinese History (Toronto) MPhil. (HKU) BA (HKU)

Dr. Luk has a long history of serving the University of Hong Kong, as a Lecturer and then Senior Lecturer at the Department of History, as a Sub-Dean of the Faculty of Arts, and as a Deputy Director of the HKU School of Professional and Continuing Education. At HKU, he was also an Honorary Research Fellow of the Centre of Asian Studies.

Dr. Luk’s main areas of research and writing are modern Chinese history and contemporary China studies. Other areas include global and public policy (Hong Kong) studies, higher education and social entrepreneurship. A major academic publication by Dr. Luk is The Origins of Chinese Bolshevism: An Ideology in the Making, 19201928 (Oxford University Press, 1990).

Outside HKU, Dr. Luk was Associate Director (Administration) of the Hong Kong Institute of Education during 1994-1997. He is an associate of the Hong Kong Policy Research Institute and the Social Enterprise Summit in Hong Kong. He has been the Founder and Managing Director of DragonNet Consulting Services Limited since 2008 and Founder and Convenor of the Hong Kong-based Institute for Greater China Studies since 2012.

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Professor Maria Francesch-Huidobro has been a resident of Hong Kong for over 30 years. Currently, she is an Adjunct Professor at the Department of Geography of the University of Hong Kong and the MPUP of the Chinese University of Hong Kong, where she teaches courses on climate change, sustainable development, urban sustainability, and public policy.

Prof. Maria Francesch-Huidobro, Ph.D. Honorary Advisor Ph.D. (HKU) MPA (HKU) MSc (Madrid Spain) BSc (Madrid Spain)

Previously, she held positions such as Assistant Professor at the Department of Public Policy & School of Energy and Environment of the City University of Hong Kong, Expert Advisor at Carbon Care Asia, Principal Consultant of the Konrad Adenauer Foundation (Germany), and Visiting Research Fellow at Humboldt University of Berlin (Germany). She was also an Honorary Fellow of the Centre for Civil Society and Governance, HKU, and of the Kadoorie Institute, HKU (2013-2016).

Her expertise includes sub-national environmental governance, climate change policy and governance, energy transitions, and governance transformations in Asia.

Currently the President of Our Hong Kong Foundation.

She was formerly Director of the Hong Kong Sheng Kung Hui (Anglican) Welfare Council, 2011-2022 and Deputy Director of HKUSPACE, 2002-2011. In 2008, she initiated the annual Social Enterprise Summit and served as the Chair person for 10 years. In 1995-2002, she was Founding Chief Executive of Hong Kong Policy Research Institute, and is currently a member of its Board of Directors.

Dr. Jane LEE, Ph.D. & Justice of the Peace Honorary Advisor Ph.D. in Chinese History (Toronto) MPhil. (HKU) BA (HKU)

Dr. Lee is active in public service. She is currently Chair of the Social Innovation and Entrepreneurship Development Fund Task Force, and member of Commission on Poverty, and Antiquities Advisory Board.

She is also Supervisor of SKH Lui Ming Choi Secondary School, Supervisor of The True Light Middle School of Hong Kong, Supervisor of Macao Anglican College, member of Council of St. John’s College of The University of Hong Kong, and Member of Board of Directors and Council of Yew Chung College of Early Childhood Education.

Dr. Lee has authored / edited books and articles on a range of topics including social enterprise, public administration, public sector reform, and education.

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Currently a Lecturer teaching international relations at Gifu Shotoku Gakuen University, Japan. Karl is a former Jamaica youth ambassador and youth parliamentarian.

He has a passion for understanding and documenting the youth experience, especially among marginalized youth. Currently a full-time university lecturer in Japan, his research spans youth, social deviance, rural development, and language learning.

Originally a computer science major, he has transitioned to the social sciences and has earned MA and PhD degrees in International Development from Nagoya University for his work on Filipino youth social enterprises and on Jamaican youth deviance within low-achieving education.

Dr. Karl Wilkinson, Ph.D. Honorary Advisor Ph.D. (Nagoya) MA (Nagoya)

Currently a Teaching Fellow at Schwarzman College Tsinghua University, a Co-founder and Director of the Good City Foundation, a Director and Chief Executive of the Future City Summit, and a Founding President and Chairperson of the Board of the Hong Kong Scholarship for Excellence Scheme Scholars Association.

A Schwarzman Scholar, China Resources Fellow, and Hong Kong Scholar, he holds a Ph.D. in Experimental Psychology (Social and Clinical Psychology) from Christ Church University of Oxford, a Master of Management in Global Affairs from Schwarzman College Tsinghua University, an MPhil. in Psychology from the University of Hong Kong, an MA in Psychology from the Chinese University of Hong Kong, and a BBA from the Hong Kong University of Science and Technology.

Dr. Lawrence H. W. Yu, Ph.D. Honorary Advisor Ph.D. in Experimental Psychology (Oxford) MMGA (Schwarzman College, Tsinghua) MPhil. (HKU) MA (CUHK) BBA (HKUST)

He serves as a Co-opted Director of the Hong Kong University Graduate Association and a member of the District Youth Development and Civic Education Committee (Wong Tai Sin District).

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GUEST SPEAKER IN AN HKU ALUMNI NETWORK'S AI AND CHATGPT SEMINAR

ChatGPT has generated a lot of buzz recently! The HKU alumni networks (HKUGA and HKUBSAA) had hosted a seminar about the use of ChatGPT and AI technology in the HKU iCube that located in Central Hong Kong.

Our Founder, Bryan Luk, and a group of tech enthusiasts - Kevin Leung, a Hedge Fund Manager at JP Morgan and Kenson Yeung, Director of Business Valuation at Jones Lang Lasalle Corporate Appraisal and Advisory Limtied - to be the guest speakers at the seminar to share their insights on the application of ChatGPT in different aspects of business and to discuss how the development of an AI-powered chatbot can enhance corporate efficiency.

The conversation centered around the various ways in which ChatGPT can be utilized to improve customer experience, streamline business operations, and drive productivity. The speakers also highlighted some exciting use cases that demonstrated the versatility of this technology.

Overall, it was an intriguing eye-opener to the many possibilities and opportunities that ChatGPT presents. We look forward to seeing more innovative use cases in the future and witnessing the continued growth of this game-changing technology!

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ATTENDING THE APRU'S PRESIDENTIAL MEETING 2023 IN THE UNIVERSITY OF HONG KONG

Our Founder Mr. T. W. Luk participated in the high-level Annual Presidents' Meeting 2023 of the Association of Pacific Rim Universities (APRU) hosted in the University of Hong Kong (HKU) from 25th June 2023 to 27th June 2023.

The event saw over 140 attendees from 51 universities worldwide, including presidents, chancellors and directors. This event marked a significant moment in reuniting academia since the Sino-US rivalry began in 2018 and the novel COVID-19 pandemic from 2020 to 2023. Themed “From Invention to Implementation – Solutions for a Sustainable Future,” the meeting will focus on innovative ideas and strategies to achieve goals, including carbon neutrality and the adoption of green technologies.

Mr. Luk worked closely with the HKU team and coordinated the Panel Session II: Thematic Symposium on "China's Efforts in Poverty Alleviation in Rural Areas." The invited speaker was Dr. Hon. Simon Hoey Lee MH JP. He was a newly appointed member of the Committee for the Basic Law of the Standing Committee of the National People's Congress and an elected member of the Legislative Council of HKSAR. He is also the Chief Strategic Officer of China Resources Group for the Greater Bay Area, as well as a Director and Vice President of CR Enterprises.

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THE RISE OF CHINA IN GLOBAL PERSPECTIVE: APAC FOCUS X HKSESSA Our first physical seminar "The Rise of China in Global Perspective: APAC Focus x HKSESSA" was successfully held on 20 August 2023.

The Hong Kong Scholarship for Excellence Scheme Scholars Association (HKSESSA) is a non-profit, non-governmental organization with a vision to serve as a platform where Hong Kong Scholars can bond with each other (Structuring), share knowledge with our next generation (Empowering) and develop their influence in different sectors of interest (Stretching).

HKSESSA originated from the first-ever official Hong Kong SAR scholarship scheme, and is aimed at incubating a top cadre of “Glocal” leaders – leaders dedicated to our Hong Kong society with both local knowledge and global vision.

Special thanks to Dr. Michael Y.L. Luk (HKU's Honorary Associate Professor) for being our pro bono guest speaker. He explained the geo-political dynamics of contemporary China's rise and how the rise of China in the past 30 years has "shaken" the world.

Another special thanks to Dr. Hon. Simon Hoey Lee MH JP, a member of the Legislative Council of HKSAR and Chairman of Basic Law Foundation, for supporting this event and sharing his views through video call.

It was also an excellent intellectual exchange and networking opportunity among APAC Focus and HKSESSA's members. Great credit to Samantha Lo (Networking Officer of HKSESSA) and our Founder Bryan Luk contributed significantly to initiating and coordinating the seminar. Appreciation to all members and fellows who supported and participated in this seminar.

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HONG KONG'S 2023 CE POLICY ADDRESS SUBMISSION

As a community stakeholder, it is always crucial for us to be a powerful agent of change and contribute to building a more sustainable future for all. We has submitted the “APAC FOCUS 2023: Chief Executive Policy Address Submission” on 1st September 2023.

Our submission focuses on five major topics: (1) “One Country, Two Systems” & Beyond, (2) Education & Research for Sustainable Development, (3) Economy, (4) Crimes & Security, and (5) Legal Affairs.

We suggest promoting “two systems” and connecting Hong Kong more with the world, consolidating the uniqueness and values of Hong Kong’s "One Country, Two Systems", and attracting international organizations to set up offices in Hong Kong. We also encourage peace, rule of law and conflict management education in primary and secondary schools, ESG and SDGs-related sustainability education and research in tertiary education, and professional southeast Asian studies and training in higher education. We also propose strategies to attract professional talents from ASEAN and Southeast Asia, prioritizing innovation and technology in Hong Kong's economic development. We also recommend combating the uprising crime trends in triad-related, organized and deception crimes, strengthening community police, improving Police-public cooperation, and introducing legislation against modern slavery and forced labor. Lastly, we suggest enhancing sentencing transparency and publicizing sentencing guidelines.

Our Submission covers the following SDGs: SDG 3: 1 unit SDG 4: 1 unit SDG 8: 1 unit SDG 9: 1 unit SDG 16: 4 units SDG 17: 2 units 40

APAC FOCUS team

APAC FOCUS

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BRICS & ITS FUTURE

PERPSECTIVES FROM INDIA AND THE MENA REGION

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We are honored to invite two AsiaGlobal Fellows from India and North Africa to speak at a discussion forum on "BRICS & Its Future: Perspectives from India and the Middle East and North Africa." They shared their views on the recent development of the BRICS countries and explore their future directions, opportunities, and challenges. These two distinguished speakers have extensive and diverse frontline experiences in global economy, international business and investment.

Anisse Terai is a managing director and partner at Tell Group, an investment management firm focused on emerging markets. He is also an affiliated professor and the scientific advisor of the Energy & Strategy Program at ESAA Business School. He is an expert of the African Continental Free Trade Area, energy transition, and multilateral affairs, including BRICS, G20, and the WTO. Previously, Anisse worked for the Islamic Development Bank (IsDB) Group, in different high-level managerial positions, on public policy, economic affairs, institutional partnerships, investment management, international trade, and corporate & infrastructure finance. He was assistant dean at the Paris School of International Affairs at Sciences Po, and has been teaching and supervising graduate students at Sciences Po, HEC Paris and the University of Paris-Dauphine.

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Prasoon Sharma is currently the CEO of Pradivya Software Pvt Ltd. He has worked in and traveled to more than 20 countries including the UK, China, Indonesia, and has 15 years of global experience in corporate planning, handling government relationships, strategic planning, successful planning, and achieving country/regional sales targets, telecom, and IT pre-sales.

He facilitated a $6 billion investment from China and created $450 million worth of projects in the Indian smart city and e-governance domain. He initiated a new era of cooperation between India-China during Indian = Prime Minister- Modi’s May 2015 China visit by signing MoU for developing smart cities in Gujarat in the presence of the Gujarat Chief Minister – Anandiben. He also represented India at the 5th India-China Strategic Economic Dialogue 2018 (SED) as a member of the policy coordination group.

The event is mainly hosted by the HKUGA, supported by us, HKU Business School Alumni Association, HKU MSc CS Alumni Association, HKU Meicom and HKU iCube.

Both speakers believe that BRICS is a platform for the Global South and a stepping stone towards a multipolar world order. They do not anticipate a "confrontation" among the members of BRICS+. On the contrary, they see it as a "competition" that motivates and encourages BRICS+ members to be progressive.

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UPCOMING EVENTS EXPLORING APAC’S FUTURE

EXPLORING THE AFGHANISTAN-US RELATIONS & CHINA’S INTEREST IN THE REGION - AN AFGHAN PERSPECTIVE

We are honored to invite another AsiaGlobal Fellow from Afghanistan to speak at a seminar on "Exploring the Afghanistan-US Relations and China’s Interest in the Region."

We will explore and unfold the complex dynamics of the Afghanistan-US relations, examine the historical background of the relationship, analyze the current state of affairs, and explore the potential for future challenges. We will also look at China's interest in the region and its implications for the Afghanistan-US relationship. Through expert sharing and interactive discussions, we will gain a deeper understanding of the challenges and opportunities facing the region.

He is a former Afghan diplomat who recently completed his last assignment as deputy consul-general at the consulate general of Afghanistan in Los Angeles. He had worked as an assistant to the Minister of Foreign Affairs of Afghanistan, speechwriter and assistant to the chairman of the High Peace Council, a body of the Afghan peace and reconciliation process, and also as a translator and admin officer at INTERPOL Kabul for several years.

He is interested in global policy affairs and engaging in areas related to Afghanistan and the region. He is keen on establishing a platform for discussing Afghanistan’s security and strategic affairs. Amin holds a master’s degree in international security from Sciences Po Paris in France, a bachelor’s degree in political science, economics & Arabic from the University of Pune in India

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PEACE OR WAR:

IS PEACE A “CASTLE IN THE SKY” FOR TAIWAN? A STRAIGHT TALK OF CROSS-STRAIT & SINO-US RELATIONS BEFORE THE TAIWAN ELECTION

The 2024 Taiwan presidential election, also known as the 16th presidential election, is scheduled to be held on January 13, 2024, along with the 11th legislative election. Several candidates have declared their candidacy, including Lai Ching-te, Hou Yu-ih of the Kuomintang, Ko Wen-je, and independent candidate Guo Taiming. The election is significant for Sino-US and cross-strait relations due to Taiwan's unique political status and the ongoing tensions between Taiwan and China. The outcome of the election could have a significant impact on the future of these relations and the stability of the region.

Therefore, the seminar aims to discuss and explore this topic.

This seminar will allow our members, fellows, and students from HKU, and other friendly support organizations to have a unique opportunity to hear some experienced professional and high-level insights about the geopolitical development of Cross-strait and Sino-US relations before the 2024 Taiwan election.

We have invited two heavy-weight speakers: Prof. Michael Y. L. Luk and Prof. Alejandro T Reyes.

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Prof. Luk is an Honorary Associate Professor at the HKU Department of History and School of Chinese, and an Honorary Strategic Advisor of APAC FOCUS. Previously a Lecturer and Senior Lecturer at the HKU Department of History and Sub-Dean of the Faculty of Arts.

Dr. Luk has a long history of serving the University of Hong Kong, as a Lecturer and then Senior Lecturer at the Department of History, as a Sub-Dean of the Faculty of Arts, and as a Deputy Director of the HKU School of Professional and Continuing Education. At HKU, he was also an Honorary Research Fellow of the Centre of Asian Studies and is currently an Honorary Associate Professor of the Department of History and School of Chinese. Since 2009, he has been serving as program director/consultant for a large number of training projects at the China Affairs Office.

Prof. Reyes is a Scholar-in-residence at the Asia Society Hong Kong Center, previously an adjunct professor at HKU Politics and Public Administration Department and the Asia Global Institute, and a senior policy adviser in the Canadian foreign ministry.

He had previously served in the department in 2002 as a senior policy adviser to the Canadian Foreign Minister.

From 2007 to 2017, he was a visiting associate professor in the Department of Politics and Public Administration at The University of Hong Kong. He worked with several foundations and international organizations, including the G20 Business Summit, the Clinton Global Initiative, the World Economic Forum and the US-Asia Institute, as well as some corporate clients.

Born in the Philippines and a citizen of Canada, he was educated at Harvard University and the University of Oxford and in 2000 was awarded an honorary doctorate

by Queens University in Charlotte, North Carolina.

The seminars of Afghanistan-US Relations and Taiwan are mainly hosted by the HKUGA, supported by us, HKU CSS, HKSESSA, Basic Law Foundation and Tsinghua Law Association.

List of Organizations: Alphabetical order

Basic Law Foundation 基本法基金會

HKU CSS 香港大學國事學會

Tsinghua Law Association 清華法律學會(香港) 49

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We apperciate to all those who made submissions to this issue, and those who spent their time to edit and design this publication.

By the way... we used NotionAI to assist the editorial process. Since we believe it is important to adopt AI singularity. Hence it is time to accept it, learn it, use it.

Cheers.

Website

Published in Hong Kong www.apacfocus.com apacfocus@gmail.com

This publication is free-of-charge and is not to be used for any commercial purposes. It is intended solely for the purpose of promoting educational, academic and cultural exchange.

Any reprint of this issue needs the permission from the Society of Asia Pacific Focus.

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Asia Pacific F cus 亞太平洋焦點學會