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10 votes
Accepted

Executive order by Trump on 2020-11-12 barring investment in publicly traded companies that the US says are owned/controlled by the Chinese military

The order itself is here. It applies to "any United States person", which includes citizens, LPRs, entities with a US basis, and any other person in the US including tourists. It applies to ...
user6726's user avatar
  • 215k
5 votes
Accepted

Is it a felony for a teen to design a knife and put into production?

"As we know non-adults aren't allow to carry weapons" This is not something that we know or an obvious point. It is also not obvious that a knife would qualify as a weapon for these purposes. This ...
ohwilleke's user avatar
  • 221k
4 votes
Accepted

What are the potential legal consequences for a company that has GPL violations?

A person that fails to comply with a copyright licence does not have a licence to use the copyrighted material. The owner of the copyright can take all the normal actions for copyright violation ...
Dale M's user avatar
  • 213k
4 votes
Accepted

In which sense is software cracking illegal?

The current version of copyright law in the PRC is here. Art. 10 states what is protected, which includes the standard rights of distribution, copying, modification and so on (which makes software ...
user6726's user avatar
  • 215k
4 votes

International Cybercrime Based in China. Who's Jurisdiction is it?

China and Canada each have jurisdiction If the RCMP want to, they can investigate the case, lay charges and seek extradition of the perpetrator from China. It will be refused. Therefore, they have ...
Dale M's user avatar
  • 213k
4 votes
Accepted

What is the point of adding a few years of probation to a death sentence?

This is a traditional Chinese sentence which in practice is similar to a suspended sentence: Mainland Chinese courts hand down the sentence of "death sentence with two years' probation" (...
richardb's user avatar
  • 2,346
4 votes

Was it legal to shoot down the Chinese balloon?

Probably The US, like all other nations, has absolute sovereignty over its airspace. There is no clear line between airspace and space but 60,000 feet is clearly in the former. The US, like all other ...
Dale M's user avatar
  • 213k
3 votes

Was it legal to shoot down the Chinese balloon?

It was a foreign craft in sovereign US airspace, in violation of numerous FAA regulations. (see answer here) Whether armed or not, it presented a possible hazard to navigation. The US was within its ...
Michael Hall's user avatar
  • 4,612
3 votes

Is there a way for a person born in the US to Chinese parents to retain Chinese citizenship?

It is well known and often repeated that China does not tolerate dual citizenship, except in the case of its citizens who have right of abode in Hong Kong or Macau. The Chinese Nationality Law is ...
user102008's user avatar
  • 2,356
3 votes

Is there a way for a person born in the US to Chinese parents to retain Chinese citizenship?

Art. 5 says Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese ...
user6726's user avatar
  • 215k
3 votes
Accepted

Not able go back to China with a B2 Tourist visa

They must apply for an extension of the visa: you can read about the UCIS covid-19 response here. The application must be "timely", so this should be done now. Even though the extension will probably ...
user6726's user avatar
  • 215k
3 votes

Would making a cyborg be legal?

In the US, it depends on why you are doing this, and how you go about performing the operation. There are approved devices and procedures, and there is the other stuff. In an emergency that is life-...
user6726's user avatar
  • 215k
3 votes
Accepted

Limitations for importing from China to US

You will have to pay import toll and taxes. There is no way around that unless you get only tiny deliveries, and that would be tax evasion. Atop that, make sure your wares are declared properly and ...
Trish's user avatar
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2 votes
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Under China's two-child policy, what happens if triplets are born?

The report out there is that the (former) policy does not count the number of infants produced, it counts the number of giving births.
user6726's user avatar
  • 215k
2 votes
Accepted

Although there are conflicting claims about what happened on June 4th, 1989 in Tiananmen Square

Chinese citizens have the privilege of free speech The Chinese legal system is from a completely different tradition to the Civil and Common law traditions that trace their roots to Roman and ...
Dale M's user avatar
  • 213k
2 votes
Accepted

What are the laws of the sky over land?

Short answer, No. In the United State, all aircraft (even of other countries) may not have gambling devices onboard under title 49 SS 41311 An air carrier or foreign air carrier may not install, ...
User37849012643's user avatar
2 votes

UK - Does a foreign, non-EU company's ToS Override GDPR

It is not clear that the cited ToS provision in any way contradicts or attempts to override the GDPR, or any other law. A hypothetical ToS provision that said that use of the site constituted consent ...
David Siegel's user avatar
2 votes

To what extent can a country criminalize acts outside its territory?

To the extent that the country's constitution allows the legislature to make a law with extraterritorial scope. (Of course other countries may or may not cooperate with the enforcement of that law.) ...
Lag's user avatar
  • 17.3k
2 votes
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Which law in China obliges LinkedIn users to confirm their identity before using LinkedIn services?

On some pages in LinkedIn's help center (1, 2, 3), they mentioned about China's regulations regarding real name identity verification. Searching about real name identity verification linkedin ...
Andrew T.'s user avatar
  • 182
2 votes
Accepted

Why the deal between IBM and RedHat needs approval from China?

China approved new antitrust laws in 2008. There are always variations in the details from jurisdiction to jurisdiction, but China's Anti-Monopoly Law shares the key features of its counterparts in ...
bdb484's user avatar
  • 60.7k
2 votes
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Financial law - limited liability - use of personal balance sheet term

For this to even be possible, we would say that China lacks a notion of a limited-liability-company and instead has what for its stance on eligible debt servicing sources? (essentially looking at ...
ohwilleke's user avatar
  • 221k
2 votes

Is the China balloon breaking any laws?

First, it is highly unlikely that it would remain continuously exactly at 60,000 feet. I mention this because that altitude happens to be the boundary between Class "A" airspace, and Class &...
Michael Hall's user avatar
  • 4,612
1 vote
Accepted

Corporate China - evicting onshore management via reproduced chops

Fraud is illegal in China (just like everywhere else) Using a forged chop is exactly the same as using a forged signature in other jurisdictions. In fact, it's easier to detect because while a person'...
Dale M's user avatar
  • 213k
1 vote

In what jurisdictions is the severability clause redundant to add in a contract?

The substantive common law of severability turns, in part, on the intent of the parties. If the contract can carry out the intent of the parties with a particular provision severed, it is severable. ...
ohwilleke's user avatar
  • 221k
1 vote

Is someone who was born in China but acquired citizenship elsewhere through derived citizenship still a Chinese citizen?

Does anyone have any real-world experience with how China treats automatic acquisition of US citizenship through INA 320 under the Chinese nationality law? While not exactly the same, there are many ...
xngtng's user avatar
  • 6,128
1 vote

Does a restriction of trading mean that regular buy/sell is prohibited?

Recently semi-official Chinese spokespersons have underscored that they consider "investment" in cryptocurrencies unsafe, and that there would be no safety net for people who gamble their ...
o.m.'s user avatar
  • 18.3k
1 vote

Who is responsible for damage caused by hacked account in China?

You are Well, obviously, the scammers are but you aren’t going to catch them so your loss is your loss. You may want to check if any of your insurance policies cover being scammed. It’s common ...
Dale M's user avatar
  • 213k
1 vote

What protections does Europe provide for US patents (that China doesn't)?

Patents are territorial - A U.S. patent allows you to try to stop infringers who make, sell, offer for sale, use (all in the U.S.) or import into the U.S. For example, a Chinese or German or ...
George White's user avatar
  • 12.8k
1 vote

What protections does Europe provide for US patents (that China doesn't)?

Foreign firms have long complained that enforcing their intellectual property rights in China is difficult due to local judicial protectionism, challenges in obtaining evidence, small damage ...
ohwilleke's user avatar
  • 221k

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