Joint Russia sea drills signal start of Indonesian foreign policy shift
According to analysts, Indonesia’s second joint military exercises with Russia this week indicate that Jakarta may seek a bigger role on the global stage as a result of a major change in its foreign policy. In spite of American pressure on Jakarta, Prabowo has called for stronger ties with MoscowContinue Reading
Bread & Kaya 2023 Pt1: Noteworthy cyberlaw cases include use of thumbs up emoji, defamation, anti-stalking law
- The poison ink letters and the unreliability of metadata
- Beware use of the hands up and other such emoticons
In their lawful training, some attorneys began to experiment with ChatGPT in 2023. In fact, some elements of this article were drafted with the assistance of ChatGPT where I had used it to summarise my situations above. However, some pieces were inaccurate and needed to be altered.
These cases are additions to the new edition ( 2nd edition ) of my upcoming textbook, Foong’s Malaysia Cyber, Electronic Evidence and Information Technology. The case summaries were previously written in detail for the text, but ChatGPT helped to reduce the length and make them simpler for laypeople to read.
The use of ChatGPT by doctors but had not attracted good usage.
In Mata v. Avianca, Inc.  , ( 1: 22-cv-01461 ), the case was decided in America. The United States District Court found that the solicitor in command and his laws firm had “abandoned their responsibilities when they submitted non-existent criminal opinions with false quotes and citations created by the artificial intelligence tool ChatGPT, then continued to stand by the false opinions after criminal orders called their existence into question”.
In essence, the lawyer had submitted a document containing allegedly administrative cases that had been created using ChatGPT, but these criminal cases did not exist. The Court issued a show cause notice to him. He and his company, among other things, received sanctions from the court and fines of US$ 5, 000 ( RM21, 892 ).
This eventually led to some US Courts imposing limits on the use of relational artificial intelligence. With the exception of artificial intelligence embedded in the typical on-line legitimate research resources, among others, the United States District Court for the Eastern District of North Carolina required filing a document with any small or memo memo submitted to the Court.
Anti-stalking rules wounds
The first instance of the anti-stalking law, which was introduced last year under section 507A of the Penal Code, came from Mohamad Safiq bin Rosli ( Shah Alam Magistrate Criminal Case No. BA-83-1937-08/2023 ) ) was charged with allegedly stalking one Acacia Diana who had highlighted her ordeal on the social media platform X. Her tale went popular, which led to the arrest and prosecution of the accused. He was afterwards found to be of erroneous thinking and acquitted and discharged and placed and detained at the delight of the Sultan of Selangor under area 348 of the Criminal Procedure Code.
[Ed: A prison sentence that is freely imposed upon the Sultan and allows the prisoner to be released at the Sultan’s choice.
Defamation
Based on the number of cases filed in the Court assigned code for defamation cases ( i. e. 23CY and B53CY), there were at least 103 defamation cases filed in the Klang Valley. However, there should be more situations because some of these cases were not filed under the appropriate Judge assigned codes.
]Ed: Cases are focused on those filed in the Klang Valley as it is not easy to trace the figures for other courts. ]
In Leaderonomics Sdn. v. Sundra Rajoo Nadarajah Bhd. The plaintiff, a renowned arbitrator and former director of the Asian International Arbitration Centre ( AIAC ), filed a lawsuit against the defendants for defamation after an anonymous” Poison Pen Letter” was published, which went viral and seriously harmed his reputation and career. The claimant alleged that the accused were liable for the article’s release.
The plaintiff used IT forensic experts to examine the metadata of the Microsoft Word document ( “MACC” ) to identify the author of the Poison Pen Letter. docx” ) version of the poison pen letter. They discovered that the document’s account was” Leaderonomics,” the first defendant’s brand. However, the accused contested this proof, arguing that data may be edited and manipulated, and therefore, it was unsatisfactory for proving authorship.
The second accused, who allegedly participated in the release, had passed away before the test, so the event against him was dropped. The plaintiff also invoked section 114A ( 3 ) of the Evidence Act 1950, which presumes that whoever has control of a computer from which defamatory content originates is considered the publisher, unless proven otherwise.
The High Court upheld the High Court’s ruling that, even though the information indicated” Leaderonomics” as the artist, this alone was insufficient evidence to support author. The defendant’s individual professional witness admitted that the poison pen letter itself may create or show which computer, server, account or IP address that the file originated from. The metadata does not establish the identity of the person behind the username” Leaderonomics” in the metadata.
Additionally, the court found that the 1st defendant, being a corporate entity, could only be held liable if it was proven that an authorized employee had published the letter, which was not adequately pleaded by the plaintiff.
Regarding section 114A ( 3 ), the court acknowledged that the presumption could apply to the first defendant if it had control over the computer used to publish the letter. However, the defendants successfully rebutted this presumption by demonstrating that the 2nd defendant had custody of the laptop from which the letter was published.
In consequence, the High Court dismissed the plaintiff’s legal action against the first defendant at cost.
Defamation suit by business against online users is a common occurrence these days. The parties were involved in a dispute over the defendant’s sale of frozen seafood in Loh Li Sze v. Eugene Chong Haou Inn &, Anor [2023] CLJU 1620. The defendant was dissatisfied with the weight and size of the seafood and the plaintiffs eventually refunded the money paid for the frozen seafood. The frozen seafood was never brought back, though.
This led to publication of 3 viral Facebook postings by the defendant that essentially said that the plaintiffs had cheated her. Additionally, the defendant urged her followers to go viral with one of the posts. The plaintiff filed the suit in the Sessions Court. The defendant argued that the defense was based on fair comments and justification.
The Sessions Court found that the postings to be defamatory and the publications were actuated by malice. US$ 11 425 ( RM$ 50, 000 ) damages were granted by the Sessions Court.
The High Court declined to interfere with the findings of the Sessions Court as it was not shown that the Sessions Court was plainly wrong in arriving at its decision. The fact that the appellate Court feels like it might have made a different decision is irrelevant as long as the Sessions Court’s conclusion can be supported on a rational basis in light of the relevant evidence.
In addition, the High Court said that reading the melodramatic postings and the defendant’s numerous urgings to her followers to viral her postings the defendant’s motive was clearly to solicit more followers through her postings and she was delighted in gloating on the plaintiffs ‘ predicament. The testimony of the witnesses and some of the defendant’s postings provide a basis for the Sessions Court judge to rule in favor of finding malice.
Further, the postings by the defendant that the plaintiffs are cheats are not comments on facts but a statement of fact. Therefore, the defendant is unable to use fair comment as a defense. In addition, the defendant failed to state which of her words are comments and which are facts as required under the law.
The plaintiffs claimed that they had no losses, as the defendant had argued. The High Court held that this is a frivolous defence. A party may be entitled to damages without the need of proof because of the express averment of cheating.
Can “emojis” be used to signify an agreement?
The Court addressed the issue of whether a thumbs-up emoji””” is valid in the Canadian case South West Terminal Ltd. v. Achter Land &, Cattle Ltd.  , ( 2023 SKKB 116 )..jpg "Bread & Kaya 2023 Pt1: Noteworthy cyberlaw cases include use of thumbs up emoji, defamation, anti-stalking law")
” by the defendant in response to the plaintiff’s request to confirm the terms of a contract sent by way of an electronic message. The plaintiff had signed the agreement and sent a copy of it via text to the defendant. The defendant argued that it was simply to confirm that he had received the contract. Later, the defendant was examined on the use of the thumbs-up emoji.
The Court referred to the dictionary meaning of a thumbs-up emoji which meant “it is used to express assent, approval or encouragement in digital communications, especially in western cultures” and took judicial notice of the same.
The Court determined that there was a contract between the parties. The Court looked into the circumstances leading to the conversation and those circumstances supported the plaintiff’s version. Additionally, the Court determined that a thumbs-up emoji is an electronic action that can be used to express consent as required by the Canadian Electronic Information and Documents Act, 2000, SS 2000, c E-7.22.
The defendant argued that a simple thumbs-up emoji to signify identity and acceptance would open up the flood gates to allow all sorts of cases coming forward asking for interpretations as to what various different emojis mean. The Court ruled that the” Court cannot ( nor should it ) attempt to stem the tide of technology and common usage; this seems to be Canadian society’s new reality, and courts will have to be prepared to deal with the new difficulties that may arise from the use of emojis and the like.”
In our local case of SG Home Style Sdn Bhd lwn. The Magistrate held that the OK gesture emoji”” is Ng Kim Lian [2023] SMCU 46.
” made by the defendant to the plaintiff in a WhatsApp conversation amounted to an agreement to an attendance fee. The learned magistrate took judicial notice of the Wikipedia post’s contents, stating that it denotes approval, agreement, agreement, and that everything is good or okay. The learned Magistrate also combed through the WhatsApp conversation between the defendant and plaintiff’s witness and found that defendant habitually reply to the plaintiff’s witness with the same emoji to answer the plaintiff’s messages.
However, the High Court ruled that an emoji sent via WhatsApp to the parties cannot constitute an explicit admission by the defendant in the High Court case CC Land Resources Sdn Bhd &, Anor v. Geo Win Sdn Bhd [2023] CLJU 1206. The emoji, as explained by the defendant’s witness, is merely to indicate that he has taken note of the request, and he still requires approvals from his other partners.
In light of the circumstances above, using an emoji to indicate an agreement does not render a transaction invalid. The Court must keep up with technology and the way our society does its business. It is an electronic message, falling under the definitions of “writing” in the Interpretation Acts of 1948 and 1967 and “electronic message” under the Electronic Commerce Act of 2006, and thus falling under the definition of “writing” in section 3 of the Interpretation Acts of 1948 and 1967.
It is submitted that in determining whether an emoji amount to an agreement to a certain term, the Court may look into the type of emoji that was being used ( e. g. a thumbs-up or an OK gesture ),  , history of how the sender uses the emoji in the same conversation and the surrounding circumstances.
Online proceedings
Many Courts are now calling back lawyers to attend Court physically especially for trials. The appellant courts converted many of their online hearings to physical hearings at the beginning of 2024. Online hearings are now things of the pandemic years. However, there are still court cases involving the effects of the pandemic to cases.
In Karen Yap Chew Ling v. Binary Group Services Bhd]2023] 7 CLJ 534, High Court dismissed the defendant’s application for the ongoing trial to be conducted via remote communication technology. The defendant sought numerous adjournments, which the Court granted because she was unable to travel to Malaysia from Cyprus due to health concerns amidst the Covid-19 pandemic.
On the final trial date, the defendant did not appear, and despite requesting another adjournment, her counsel eventually closed her defence. The defendant had already closed her case, so the court decided to reject the request for remote communication technology. Judgment was subsequently entered against the defendant.
The defendant argued a breach of natural justice on appeal. The Court of Appeal disagreed, emphasizing that sufficient time had been provided for the defendant to arrange her return and appear in court. The defendant had ample opportunity to present her evidence, go through cross-examination, and participate in the proceedings, according to the Court, who determined that natural justice had not been violated.
The Court also highlighted practical concerns with remote cross-examination, such as connectivity issues and potential prompting during breaks, which might compromise the effectiveness of the process. In the end, the Court ruled that the trial judge’s decision to use remote communication technology is ultimately determined based on factors like justice, efficiency, and cost, rather than the litigants ‘ preferences.
The Court of Appeal agreed with the plaintiff’s objection that a trial by way of remote communications technology is not suitable based on the following reasons-
The trial Judge’s ability to assess the appellant’s demeanor and credibility in this case without filtering ( a )  ,  ,  ,  ,  ,  ,  ,  ,  ,  ,  ,  ,
( b )  ,  ,  ,  ,  , the plaintiff’s counsel’s ability to cross examine the defendant without technical disruption,
( c ) the absence of party representatives, not only while the appellant is on camera, but also during the anticipated breaks, and  ,  ,  ,  ,  ,  ,  ,  ,  ,  , and ( c )  , &nbs
( d )  ,  ,  ,  ,  , the absence of the solemnity of oath taking in open Court in Malaysia and the general formality of such proceedings.
The first defendant, a fugitive facing arrest warrants in Malaysia, sought to appear in court via Zoom, citing the risk of arrest and claiming entitlement to participate remotely in accordance with his civil rights, in Securities Commission Malaysia v. Wong Shee Kai &, Ors [2023] 7 CLJ 825. The High Court initially allowed his remote presence but later required a formal application for continued remote attendance. The plaintiff opposed, while the first defendant argued his right to participate remotely, highlighting the defendant’s non-compliance with court orders and the possibility of undermining justice.
The High Court dismissed the application, ruling that the 1st defendant had not disclosed a specific location for attendance as required under the Practice Direction for Remote Communication Technology i. e Practice Direction 1 of 2021: Management of Civil Case Proceedings Conducted by Long-distance Communications Technology for all Courts in Malaysia ( Pengendalian Prosiding Kes Sivil Melalui Teknologi Komunikasi Jarak Jauh Bagi Mahkamah Di Seluruh Malaysia ) ( “RCT Practice Direction” ).
The first defendant merely concealed his location in Papua New Guinea’s Port Moresby. The High Court ruled that a person attending the proceedings by means of remote communication technology has to disclose where he is logging in from. It cannot be said that there are sufficient administrative and technical facilities and arrangements at the place because this particular location is not disclosed. In the alternative, the 1st defendant could provide proof that sufficient administrative and technical facilities and arrangements are made at whichever place he wants to log in from but none was given.
It concluded that granting the application would set a dangerous precedent, allowing fugitives to avoid criminal charges while engaging in civil litigation, putting a strain on justice and public trust in the legal system. The Court prioritized the proper administration of justice over the 1st defendant’s assertion of rights to remote participation.
The Court exercised discretion in the course of the proceedings by using remote communication, rejecting the first defendant’s requests to continue the trial and interlocutory hearings remotely.
The Court of Appeal dismissed the 1st defendant’s appeal based on the plaintiff’s preliminary objection i. e. that the High Court’s order is a ruling under section 3 of the Courts of Judicature Act 1964 and thus not appealable.
The Federal Court’s request for leave of appeal was denied.  , It held that” The court dismissed Wong’s leave application as the question of whether the trial judge had erred in his decision is a matter that can be challenged by way of appeal at the end of the trial”. Wong’s right to appeal is reserved in this regard; it is not that the trial judge’s decision is non-appealable, but rather it can be appealed at the trial’s conclusion and not while it is ongoing. It would not be appropriate for the Federal Court to interfere with the trial court’s discretion at this juncture. Thus, there is no prejudice against Wong.
Do we need to check our spam emails?
Electronic service of documents eases the administration of justice and reduces costs for parties. However, this method may be disadvantageous to the intended recipient. For instance, emails that are sent via email may end up in the recipient’s spam folder or remain unsent in their inboxes. Additionally, the recipient’s email server may be unavailable while the service is being served.
The accused in the case of Mohd Ramadhan Bin Hussin v Pendakwa Raya ( Alor Setar High Court Criminal Application No. This issue was unfortunate to KA-44-5-02-2023. The accused applied for extension of time in the High Court to file his petition of appeal as required by section 307 ( 4 ) of the Criminal Procedure Code. The delay was caused by the fact that the grounds of judgment were sent to his lawyer’s email but ended up in the spam folder.  , The High Court dismissed the application and held that, among others, it is the responsibility of the accused’s lawyer to ensure that all emails received by their firm are carefully scrutinized and reviewed, this includes emails received in the’ spam’ folder.
The same responsibility should not be applied when it comes to a litigant’s email address as it is when regular email users do not regularly check their spam folder. In Patricia Sue Lin Knudsen v. Joey James Ghazlan]2019] CLJU 2037, the High Court held that cause papers in relation to the proceedings were not all served on the defendant as some of the documents were found in the spam folder of the defendant.  ,
Part 2 tomorrow looks at what the Syariah High Court had to say about cryptocurrencies. Online sexual grooming, as well as a software dispute case, were also heard in court.
China claims its radars closing in on US stealth fighters – Asia Times
As tensions rise in the South China Sea and Taiwan, China’s most recent calculations reveal a US cunning jet risk because its scanners may find F-22s and F-35s at close range.
According to South China Morning Post (SCMP), Chinese military researchers from the People’s Liberation Army ( PLA ) National Defense University’s College of Joint Operations and Beijing’s State Key Laboratory of Intelligent Game have recently conducted computer simulations to evaluate the effectiveness of stealth fighter jets against China’s air defense systems.
SCMP says that the models, presented at the 36th China Simulation Conference in October, revealed that cunning soldiers like the F-22 and F-35 may be detected from 180 meters away by China’s land-based scanners, compromising their ability to conduct accuracy ground problems.
According to the SCMP statement, the modeling was of a US attack coming from Japan on Shanghai. The statement notes that the F-35’s “beast style” allows for longer-range weapon assaults but sacrifices secrecy, making it visible from 450 km away.
The study, led by project expert Cao Wei, used an algorithm to convert sensor data into monitoring runs and warning days, which suggests the results may be conservative given the number of transponders used. It notes that the results are brought on by the increased US implementation of F-22s in Japan, which shows how China is more interested in preventing cunning challenges.
China has invested considerably in F-22 and F-35 recognition skills. For example, SCMP reported last month that Chinese scientists have created a cost-effective detector to use signals from the BeiDou transportation satellite system to monitor and detect stealth aircraft like the F-22.
This cutting-edge radar, which was described in a recent peer-reviewed article in the Journal of the National University of Defense Technology, uses a single receiving antenna and a unique algorithm to identify stealth targets without generating detectable signals.
The radar’s design, led by Wen Yuanyuan from the National Key Laboratory of Space Microwave Communication, simplifies deployment and reduces costs, making anti-stealth technology more accessible globally. If BeiDou is jammed to ensure continuous operation, the radars are said to be able to switch to other satellite signals like GPS, Galileo, or GLONASS.
In any US and allied response to a potential Chinese invasion of Taiwan, stealth aircraft like the F-22 and F-35 are expected to play a crucial role.
In a December 2022 Warrior Maven article, Kris Osborn says that the US plans to counter a Chinese invasion of Taiwan with an array of F-22 and F-35 fighters, leveraging their air superiority and precision strike capabilities. By securing airspace control over the Taiwan Strait, Osborn notes that these jets, which are designed for quick response, would neutralize Chinese forces.
He notes that this air dominance, combined with forward-deployed US Navy assets and allied forces, would aim to destroy approaching Chinese amphibious forces. He adds that the F-35s, operating from US Marine Corps ( USMC) America-class assault ships, would offer versatility with both vertical-takeoff capabilities and forward-deployed presence.
Osborne assesses that despite China’s recent advancements, including Type 075 amphibious ships and quasi-stealth J-20 and J-31 fighters, it lacks sufficient fifth-generation aircraft numbers to match US and allied firepower.
Air &, Space Forces Magazine reported in October 2023 that while China has built around 180-220 J-20 stealth fighters, surpassing the 187 F-22s the US maintains, Asia Times reported last month that the US currently has 680 operational F-35s, with plans to acquire 1, 800 more.
However, US F-35 production struggles with spiraling costs in upgrading increasingly difficult-to-maintain F-22s and ramping up F-35 production.
At the operational level, US stealth aircraft such as the F-22 and F-35 would be instrumental in defeating China’s anti-access/area denial ( A2/AD ) strategy.
In a 2021 Air &, Space Forces Power journal article, Tom Lawrence mentions that China has established a robust A2/AD environment, mainly through advanced air defense systems, stealth-capable destroyers and missile capabilities.
Lawrence points out that the US leverages stealth aircraft, notably the F-22 and F-35, for their low observability, allowing them to penetrate heavily defended zones and execute precision strikes.
He claims that when enemy cyber or anti-satellite attacks disrupt traditional C2 systems, emphasis is placed on distributed command and control ( C2 ), which enables decentralized units to operate autonomously.
Lawrence notes that this approach aligns with new operational doctrines, such as Joint All-Domain Command and Control ( JADC2 ), which aims to integrate US and allied land, sea, air and space assets for multi-domain responses.
He argues that the integration of autonomous unmanned combat aircraft (UCAV ) with manned fighters indicates a shift toward collaborative, network-enabled warfare, while stealth fighters play a crucial role in achieving tactical surprise and establishing air superiority.
At the strategic level, F-22s and F-35s are vital for the US’s conventional deterrence posture in the Pacific. Stars and Stripes reported in June 2022 that Admiral John Aquilino, the former head of the US Indo-Pacific Command ( INDOPACOM), emphasized the need for these cutting-edge aircraft to remain permanently stationed west of the International Date Line.
This deployment is seen as crucial for countering China’s extensive military buildup, including advancements in naval, missile, cyber and space capabilities.
Stars and Stripes says that the US has already stationed F-35Bs at USMC Air Station Iwakuni, Japan, and deployed F-35Cs on aircraft carriers, but the US Air Force’s F-22s and F-35s have only been deployed temporarily.
Aquilino advocates for a permanent deployment, according to the report, to improve deterrence and maintain regional stability.
However, while China may not be able to match US airpower, it can attempt to destroy US aircraft on the ground in a pre-emptive strike for a Taiwan invasion.
China’s pervasive intelligence, surveillance and reconnaissance ( ISR ) and all-domain long-range offensive capabilities, such as the DF-26″ Guam Killer” missile, put dispersed US facilities, air assets and naval forces at risk.
Numerous US Congress representatives pointed out the vulnerability of US bases and aircraft in the Pacific in a letter from May 2024 to the US Navy and US Air Force, which highlights what they perceive to be a crucial defense gap.
According to the letter, China’s extensive strike capabilities threaten all US installations in the Indo-Pacific, including those in Guam and the Northern Mariana Islands, which are crucial. It notes that US air and missile defenses may be overwhelmed, exposing critical assets.
The letter also criticizes the US Department of Defense’s ( DOD ) delay in implementing “passive defenses”, such as hardened shelters and force dispersal. It points out that while China has added only 22 fortified shelters in the last ten years, the US has already built over 400.
It points out that due to this disparity, US aircraft and bases are vulnerable, with 90 % of US aircraft losses occurring on-the-ground during war games.
Watch Chinese Shenzhou-18 space crew return to Earth
After six weeks on the Tiangong space station, the three explorers who were on China’s Shenzhou-18 room objective have all returned to Earth.
The gain spacecraft is captured on video making its way to north China, where the pilots are all reported to be in great health.
Before their gain they handed over power of the space station to three Shenzhou-19 pilots.
That fresh Tiangong group will conduct tests as part of the Chinese area program’s plan to launch pilots on the Moon by 2030 and build a lunar base gradually.
Chilly morning on Thailand’s highest mountain
PUBLISHED: 4 Nov 2024 at 11: 17
CHIANG MAI- It was a cloudy Monday night at the top of Thailand’s tallest rock, Doi Inthanon, where the temperatures dropped to a great 7°C.
The climate change is attracting a lot of visitors, and it was the best day there so far this season.
On Sunday, 4, 088 individuals visited the 1, 850-metre-high hill- 2, 969 were Thais and 1, 119 immigrants. They arrived in 1, 302 cars.
Outside, the lowest temperature were 11°C at Kew Mae Pan stance and 13°C levels at the federal park practices.
The Meteorological Department predicted that a great pressure system coming in from China may lower North heat by another 1-2 degrees Celsius on Monday.
How Chinese media see Trump vs Harris on election eve – Asia Times
According to Chinese media reports, the outcome of this Tuesday’s US national election will determine whether Washington’s scheme on China continues as it has always done under a Kamala Harris administration or careens in new, unfamiliar directions under a Donald Trump 2.0 management.
Foreign observers and pundits are of the general consensus that Harris would be more predictable because her Democratic Party is more influenced by worldview and policy consistency. Trump is viewed as unexpected, but many people think he might be more willing to negotiate if a deal would deliver real financial benefits for the US in line with his” America First” perspective.
” If Harris is elected, she will usually continue the Biden administration’s China strategy”, Shiu Sin-por, chairman of the New Paradigm Foundation Company Limited, a pro-Beijing think container established in 2007, said in an article published on October 31. ” Even if there is any revision, the scale will remain limited. The upcoming trend of Sino-US ties may be clear”.
Democrats and Republicans, according to him, are more interested in philosophy and think that China’s increase will continue to challenge the values of the US and the West’s current world order, but both Democrats and Republicans view China as the country’s best adversary.  ,
Shiu claims that if Harris wins, the US will continue to work to thwart the expansion of China’s military and high-tech companies and other key economic sectors.
” But if Trump wins, the changes in the United States ‘ China policy may become greater and harder to predict”, he says. Trump will likely employ some effective means of attracting foreign corporations to the US, including taxes and reward programs.
It is less good that China and the Harris leadership will agree on something, according to China’s view. Trump is a very wise merchant who is willing to negotiate with China, according to Shiu. ” Of course, We should not reject Trump’s volatile, weak-principled and extreme heroes”.
According to Shiu, US relations with the EU, Japan, and Taiwan may even change if Trump wins, when Trump wants friends to support his” Make America Great Again” approach to reindustrialize the US.  ,
60 % taxes loom large ,
Trump started a trade war with China in 2018 by imposing a 25 % tax on a range of Chinese products. Beijing had previously believed that Washington would halt the taxes and de-escalate the tech war in the name of improved diplomatic relations after US President Joe Biden took office in January 2021.
However, the Biden administration increased both by enacting new export control laws to stop China from importing expensive chips and chip-making equipment from the US and by imposing new tariffs on Chinese-made electric vehicles ( EVs ). Additionally, it persuaded the Union to even impose tariffs on Chinese EVs and continued to sell weapons to Taiwan.  ,
Some Chinese experts predict that under Trump, who has pledged to establish a 60 % tax on all imported Chinese goods, a novel, contentious round of trade war may erupt. Some experts did point out that China might not be the main target of the fresh taxes.  ,  ,
China has previously conducted a thorough analysis and is considering the formation of the BRICS payment method to lessen the negative effects of the US involvement price cut, according to a Shanxi-based columnist’s article on November 2 under the heading” If Trump wins, who will be the biggest sufferer”?
” De-financialization” is China’s national policy to reduce embracing activities and asset bubbles in the country. ” If Trump takes office, the US will prevent aiding Ukraine while the Russia-Ukraine war did not maintain”, he says. Russia will get from this and become more recognized internationally.
He anticipates that a Trump 2.0 management” could start a trade war with the EU, deter National investment in India, and compel allies like South Korea and Japan to make more of a contribution to the US’s defense strategy in Asia.”
If Trump re-enters the White House, the country’s pattern may undergo significant changes. But this may not be a negative thing, as long as we are well-prepared”, the Chinese blogger writes.  ,
Fundamental problems
Other experts speculate that Harris and Trump may have completely different strategies for resolving upcoming US-China problems.
On the outside of a conference in Shenzhen on October 13th, Cheng Li, the founding chairman of the Centre on Contemporary China and the World at the University of Hong Kong, told the media that “if Harris is elected, the US’s China procedures will be comparatively more repetitive,” while maintaining that position.
If Trump wins, Sino-US relationships will become more uncertain, Li predicted, because he typically makes decisions based on business benefits and specific interactions with state leaders.  ,
Li, a student of former and now-deceased US Secretary of State Henry Kissinger, made an assessment based on his observation that the two countries ‘ national powers are at odds with one another, which he described as unheard of in contemporary geopolitics.
He said the two countries ‘ architectural problems, caused by their differences in social networks, economic concepts and beliefs, will remain for years to come. He urged both nations to know that neither side could defeat humanity without wreaking havoc.
Read: China’s Skydio limits sound the alarm for US power supply ring
Observe Jeff Pao on X:  , @jeffpao3
Alert level raised after six killed by Indonesia volcano eruption
EAST FLORES, Indonesia: At least six people died after a crater in northeast Indonesia erupted several times over, authorities said on Monday ( Nov 4), raising the alert level to the highest of a four-tiered program. Mount Lewotobi Laki-Laki, located on the famous holiday area of Flores, spewed dust andContinue Reading
Indonesia volcano eruption kills 10, sets villages aflame
EAST FLORES, Indonesia: As authorities raised the volcano’s call reputation to the highest level, it erupted immediately, killing at least 10 individuals as it spewed projectiles and ash onto nearby villages. Mount Lewotobi Laki-Laki, a 1, 703m mini mountain located on the popular holiday island of Flores, first erupted shortlyContinue Reading
S Korea’s crucial quest to break tungsten ties with China – Asia Times
The Sangdong metal plant in South Korea holds one of the nation’s largest single-mine metal resources. The plant is scheduled to begin operations next month after closing in the early 1990s largely due to cheaper Chinese titanium flooding global markets and undermining South Korea’s price competitiveness.
Following Canadian company Almonty Industries ‘ 2015 merger of the Sangdong mining rights, this restoration follows. The organization established a company, Almonty Korea Tungsten Corporation, to move the miners operation, which resurrected the latent webpage. Domestically, this work has been welcomed by local residents, hoping that the mine’s revival may revive the group facing local drop.
Globally, following a , visit , by US government experts this past summer, the plant is anticipated to safely provide tungsten abroad—primarily to the United States—although China remains the dominant global provider.
Given the government’s extensive dependence on Chinese metal, concerns arise in Seoul as the planet looks beyond China to find metal for manufacturing, including both for chips and batteries as well as weapons.
Sangdong Mine and the US-South Korea Tungsten Agreement
Sangdong is a small village in Yeongwol County in South Korea’s Gangwon Province. It houses the Sangdong metal me, which contains an estimated , 7.9 million tonnes , of proven and possible resources and boasts the nation’s highest levels of metal.
Almonty , claims , that the plant may run for” 100-plus times”, comparing Sangdong to its “equal size” me in Portugal, which has been running for 136 centuries and is expected to continue for another 50 to 60 years. The Sangdong mine used to contribute to , over half of the country’s exports , as one of the largest tungsten producers on the planet.
However, the mine shut down in 1994, mainly due to an influx of cheaper tungsten from China, which , resumed exporting to the non-communist world , following its , economic reforms.  , Consequently, Sangdong—once the heart of South Korea’s industrialization, generating tungsten dollars —has become nearly a ghost town, with its population dwindling to around 1, 000 residents, one of the least populated towns in the country.
The mine was originally owned by the South Korean state enterprise, Korea Tungsten Mining Company (KTMC), founded in 1952 during the Korean War. Its establishment came after the US-South Korea tungsten agreement, which was signed the same year, as the metal started to become a “pivotal strategic mineral in the 20th century.”
According to a , study  , on South Korea’s tungsten exports and the bilateral tungsten agreement, the United States classified tungsten as a strategic material for weapons production during World War II and sought alternative sources after China’s Communist Revolution, turning to South Korea.
During the Korean War, efforts to export Korean tungsten to the US grew more rapid, which sparked South Korea’s “tungsten mania” and prompted the US Department of the Interior ( DOI ) to send US experts to work with the South Korean government to stockpile tungsten from the Sangdong mine.
The United States , agreed to , “purchase all the tungsten offered by the ROK” and pay US$ 65 a ton for the first two years, with the contract lasting five years or until 15, 000 short tons of tungsten had been purchased. This agreement established a stable market for Korean tungsten exports and ensured steady and exclusive tungsten supplies for the US during the war.
However, a sharp drop in global tungsten prices, coupled with South Korea’s early meeting of the production target, led to the agreement’s conclusion. The Korean government , pushed hard , to continue the deal to maintain a steady revenue, which was crucial for its post-war recovery, but the contract was not renewed.
After decades of industry setbacks, influenced by unstable global tungsten prices and, notably, China’s aggressive pricing and exports, KTMC was  , privatized in 1994 , under the Kim Yong-sam administration’s policy to divest state-owned enterprises, becoming the first company in the country to undergo this transition.
The company was sold to the South Korean Geopyung Group, but it went , bankrupt , in 1998 during the Asian Financial Crisis. Before Canadian tungsten mining and processing company Almonty Industries acquired the business in 2015, the ownership of the Sangdong mine had been changed several times.
As of July 2024, the company has invested nearly , 130 billion won ( approximately US$ 94 million ) into the mine’s redevelopment.
Reducing Reliance on Chinese Critical Minerals ,
Tungsten is , most notably used in , semiconductors, electric vehicle batteries, automobiles, weapons, and industrial cutting machines due to its exceptional hardness and high energy density.
According to the , US Geological Survey data, China accounted for over 80 percent of the world’s tungsten production in 2023, reaching 63, 000 metric tons, followed by Vietnam, the second-largest producer, with 3, 500 metric tons. In response to China’s dominance in tungsten production and export, the US DOI , designated , tungsten as a critical mineral in 2018.
On the legislative front, the Restoring Essential Energy and Security Holdings Onshore for Rare Earths Act of 2022, or the , REEshore Act of 2022, was introduced to reduce US dependence on foreign sources, particularly China, for critical minerals like tungsten.
By 2026, the law requires the DOD and DOI to establish a strategic reserve of rare earth metals that have been processed or refined in China in sensitive US Department of Defense ( DOD ) systems. This May, the DOD issued a , final rule , restricting the acquisition of certain metals and magnets, including tungsten, from China, along with Iran, Russia, and North Korea, effective January 2027.
On tariffs, the United States Trade Representative ( USTR ) announced its plans to impose a , 25 % tariff , on Chinese minerals, including tungsten, stating that” the concentration of critical minerals mining and refining capacity in China leaves our]US] supply chains vulnerable and puts our]US] national security and clean energy goals at risk”.
Given China’s history of using critical mineral exports as a tactical tool—most recently with export controls on , germanium and gallium , effective August 2023, followed by , antimony starting September 2024—global efforts to diversify critical mineral supply chains, including tungsten, have become increasingly urgent.
In February 2023, Seoul announced a , strategic mineral procurement strategy, which selected 33 critical minerals, including tungsten,” for management with regard to economic security” with the goal of “mitigating its reliance on imports from a select few countries”.
In diplomatic relations, Seoul’s commitment to critical minerals was highlighted by the launch of the Korea-Africa Critical Minerals Dialogue during the first , Korea-Africa Summit, focusing on cooperation between Korea’s advanced technology and Africa’s mineral resources.
South Korea also signed a , memorandum of understanding , ( MOU) with Canada to strengthen critical mineral supply chains, aiming to reduce reliance on China by leveraging Canada’s mineral wealth and South Korea’s manufacturing capabilities.
In addition, Seoul assumed the , chairmanship , of the US-led Minerals Security Partnership ( MSP), and at its first MSP meeting as chair in September,  , Foreign Minister Cho Tae-yul spotlighted the Mahenge Graphite Project in Tanzania, for which Korea leads the Working Group.
South Korea’s Autonomy over Tungsten  ,  ,  ,  ,
South Korea is confronted by the unfortunate reality of having limited control over a large number of locally mined, high-quality tungsten reserves in spite of this. As the , world’s largest tungsten consumer per capita, South Korea ‘s , 95 %  , reliance on Chinese tungsten imports has been a persistent issue.
There are concerns in Seoul that the foreign ownership and operation of the Sangdong mine, which was once the nation’s greatest asset, underscores potential limitations on Korea’s autonomy over its mineral resources. Almonty intends to first allocate 45 % of its annual output to the US market and likely set aside the remaining 55 % for South Korea, which indicates a positive shift for South Korea to significantly reduce its dependence on China.
These concerns about tungsten autonomy and ownership are closely related to broader concerns about economic sovereignty and national security, especially given Seoul’s position as a semiconductor and battery manufacturing powerhouse, combined with the upcoming US presidential election and its potential impact on global trade.
Such concerns clearly demonstrate the need for long-term investment in domestic mineral resource development, extending beyond immediate profitability considerations. This includes constructing processing facilities, such as the Almonty and Yeongwol County MOU signed this year, known as the , tungsten oxide plant.
This development is particularly noteworthy because, in 2022 and 2023, Russia and North Korea were ranked as the third and fourth-largest tungsten producers, which presents a challenge for the United States and its key allies, particularly South Korea.
In the face of the growing US-China competition, tungsten is once more crucial for securing technological advancements and strengthening security initiatives, just as it was crucial during World War II, reflecting the geopolitical dynamics of that time. In today’s changing environment, the question of Korea’s ability to exercise control and maintain a stable supply chain for this crucial metal is receiving renewed scrutiny.
Haeyoon Kim is a Non-Resident Fellow at the Korea Economic Institute.  , The views expressed here are the author’s alone. Republished with permission, read the original here.
Singapore film about censorship refused classification by IMDA, remains in SGIFF lineup
A local film exploring the impact of Singapore’s judiciary on personal lives, that was slated to screen at the upcoming 35th Singapore International Film Festival (SGIFF), has been “refused classification” by the , Infocomm Media Development Authority ( IMDA ).
The picture, Small Hours Of The Night, a film directed by Taiwanese chairman Daniel Hui, has been pulled from the event and cannot be shown on television.  ,
In a statement, IMDA said:” In discussion with the Ministry of Law and the Attorney-General’s Chambers, IMDA has assessed the picture to have content that is probably contrary to the rules, i. electronic. illegal. It may likely be detrimental to the country’s objectives to screen it.
” Under the Film Classification Guidelines,’ any material that undermines or is likely to destroy open order, or is likely to be prejudiced to regional interest’ will get refused classification.”
In response to IMDA’s choice, SGIFF program director Thong Kay Wee released a speech on the show’s Instagram page , to repeat its support for the movie’s award-winning producer, Daniel Hui.
While the movie may become screened, Daniel will continue to speak at various other events held under the SGIFF overcoat as a panellist speaker.
The movie is an official collection under the” Subtext” piece, which is the festival’s curation of innovative and experimental filmmaking, while Hui will also be featured as a panellist at the festival, contributing to discussions on imaginative processes and regional filmmaking.
The SGIFF will take place on November 28 through December 8.