Draft seeks prison for disrespect to anthem

People who show disrespect to China’s national anthem will face prison terms of up to three years if a draft amendment to the Criminal Law is adopted by the top legislature.

The draft builds on the National Anthem Law, which took effect this month, by providing details of proposed criminal punishments.

Anyone who maliciously modifies the lyrics, or plays or sings the national anthem in a distorted or disrespectful way in public, or with other serious disrespectful practices, will be held liable criminally. According to the draft, penalties can include detention, being deprived of one’s political rights or a sentence of up to three years.

The draft was submitted to the bimonthly session of the Standing Committee of the National People’s Congress for review on Tuesday.

Legal experts said the new proposed rule could be regarded as “a judicial connection” between the National Anthem Law and the Criminal Law.

The National Anthem Law ensures appropriate use of the song and stipulates that those who mock the anthem in public, including distorting it or maliciously tampering with it, will face up to 15 days in administrative detention or even criminal punishment.

Ruan Chuansheng, a criminal defense lawyer in Shanghai, said the proposed new rule is a necessary supplement to the Criminal Law, which now includes punishment for those who disrespect the national flag and emblem but lacks corresponding rules on disrespect for the national anthem.

“The anthem is a symbol like our national flag and emblem. I think it’s unfair if we punish people who disrespect the flag and emblem but have no penalty for anthem violators,” he said.

The existing Criminal Law says that people who damage the national flag and emblem will be sentenced to up to three years in prison, “so the sentence in the draft (for showing disrespect for the anthem) is reasonable and complies with the principle of the balance between crime and punishment,” said Zhou Guangquan, a criminal law professor at Tsinghua University.

China’s national anthem, March of the Volunteers, was composed in 1935 and named the national anthem in 1949.

It’s unfair if we punish people who disrespect the flag ... but have no penalty for anthem violators.” Ruan Chuansheng, a criminal defense lawyer in Shanghai

Draft bills to make the National Anthem Law part of the Basic Laws of the Hong Kong and Macao special administrative regions were introduced on Tuesday during the ongoing session of China’s top legislature.

The drafts, submitted to the 30th session of the Standing Committee of the 12th National People’s Congress, were accepted by the Basic Law committees and governments of both SARs, according to a report of the Standing Committee released on Tuesday.

Once the draft bills are approved by the NPC Standing Committee, both SARs will start their local legislative procedures.

A vote on the bills is expected on Saturday.

Also introduced was a separate bill to amend the country’s Criminal Law to include penalties for disrespecting the national anthem, including imprisonment for up to three years.

If passed, the amended law will be implemented on the mainland and will serve as a reference for penalties in Hong Kong and Macao.

Zhang Rongshun, deputy director of the Legislative Affairs Commission of the NPC Standing Committee, said safeguarding the authority of the national anthem safeguards the authority of the State, the people and the Chinese nation, as it serves, together with the national flag and national emblem, as a national symbol.

Zhang added that incidents of disrespecting the national anthem have occurred in Hong Kong in recent years, challenging the bottom line of the principle of “one country, two systems”, as well as social morality, and triggering rage among Chinese, including Hong Kong residents.

“It is urgent and important to apply the National Anthem Law in Hong Kong, in a bid to prevent and handle such offenses,” Zhang said.

A notable instance of disrespecting the national anthem occurred in Hong Kong in 2015, and again in October this year when some Hong Kong soccer fans booed the song during an Asian Cup qualifying match between Hong Kong and the national team of Malaysia.

The Asian Football Confederation, the governing body of Asian football, issued a stern warning to the Hong Kong Football Association on Tuesday over the incident, saying booing the anthem breached the body’s code of ethics and that severe punishment would be handed down for any repeat violation.

The National Anthem Law, which took effect on Oct 1, bans use of the national anthem — March of the Volunteers — at funerals, on “inappropriate” private occasions, in commercials or as background music in public places, as well as malicious modifications of the lyrics, or playing or singing it in a distorted or disrespectful way.

It is urgent and important to apply the National Anthem Law in Hong Kong, in a bid to prevent and handle such offenses.” Zhang Rongshun, deputy director of the Legislative Affairs Commission of the NPC Standing Committee