Insulting national anthem may lead to 3-year jail term
New bill will ensure primary, secondary schools have national anthem education
People insulting the national anthem may face a maximum penalty of three years in prison and a HK$50,000 fine, according to the National Anthem Bill released by the Hong Kong Special Administrative Region Government on Wednesday.
The bill will be tabled to the Legislative Council for local legislation on Jan 23, according to Secretary for Constitutional and Mainland Affairs Patrick Nip Tak-kuen. This follows the country’s National Anthem Law which came into effect on Oct 1, 2017.
“It is the constitutional responsibility of the HKSAR Government to implement the National Anthem Law locally,” Nip said.
“Our legislative principle is to fully reflect the purpose and intent of the National Anthem Law: to preserve the dignity of the national anthem and promote respect for it; and at the same time to show respect to the common law system and the actual circumstances in Hong Kong,” he added.
The bill stipulates that a person may face penalties with a maximum three-year jail term and HK$50,000 fine if he or she publicly and intentionally alters the lyrics or score of the national anthem, or plays and sings it in a distorted or disrespectful way with the intention of insulting it.
It will also be illegal for a person to intentionally circulating such behavior in order to try to insult the national anthem.
People who misuse the national anthem could face a fine of up to HK$50,000. This includes using lyrics or the score of the national anthem in an advertisement or as background music in a public place.
These penalties are the same as for the National Flag and National Emblem Ordinance, which came into effect in the SAR on July 1, 1997 — when Hong Kong returned to China.
The bill also contains standards, etiquette and occasions for playing and singing the national anthem.
Occasions include major government events, major sporting events and oath-taking ceremonies for the chief executive, principal government officials, judicial officers, members of the Executive Council and legislators.
Nip noted that as contraventions of the bill may involve a large crowd of unidentified offenders — such as those booing the national anthem at a soccer match — or it could involve the use of the internet and social media; sometimes it may be difficult for police to collect the necessary evidence. Therefore, the bill extends the prosecution time from six months to up to two years, Nip explained.
A similar practice can be found in existing ordinances, such as the Personal Data (Privacy) Ordinance and the Energy Efficiency (Labelling of Products) Ordinance, he said.
To promote people’s respect for the national anthem, the bill requires primary and secondary schools to educate students to sing the national anthem — March of the Volunteers — properly, as well as understanding the history and spirit of it.
Legal professionals thought the bill is fair. Ronny Tong Ka-wah, a senior counsel and executive councilor, told China Daily that under the “one country, two systems” principle, it is “absolutely acceptable” to ask people to respect and not to insult the national anthem.
He said that by clearly stipulating occasions where people should sing the national anthem would effectively reduce the likelihood of people unconsciously violating the law.
Agreeing with Tong, barrister and legislator Priscilla Leung Mei-fun said the bill aimed to promote Hong Kong people’s, including legislators’, respect for the anthem — rather than trying to punish anyone.
Secretary for Constitutional and Mainland Affairs Patrick Nip Tak-kuen held a press briefing on Wednesday afternoon to explain the draft National Anthem Bill, which will soon be submitted to the Legislative Council for deliberation and approval. He noted right away that the legislative principle of the draft bill is to respect the national dignity of the People’s Republic of China, of which the national anthem is a symbol. The Hong Kong Special Administrative Region, as an inalienable part of the PRC, is required by its Basic Law to complete the national anthem legislation in deference to the National Anthem Law of the PRC.
All sovereign states of the world have a national anthem of their own, even though some of them are yet to have a national anthem law for some reasons. Our National Anthem Law was approved by the National People’s Congress Standing Committee on Sept 1, 2017 and took effect on Oct 1 that year, all according to the Constitution of the PRC. The National Anthem Law contains detailed requirements and prohibitions on how the national anthem should be sung or played to ensure no one will disrespect the PRC by singing or playing the national anthem derogatively. That is why the future National Anthem Ordinance of the HKSAR must also serve the purpose of ensuring public respect for the country by respecting the national anthem.
Article 18 of the Basic Law stipulates: “National laws shall not be applied in the Hong Kong Special Administrative Region except for those listed in Annex III to this Law. The laws listed therein shall be applied locally by way of promulgation or legislation by the Region.” The National Anthem Law is one of those national laws listed in Annex III to the Basic Law, as are the National Emblem Law and National Flag Law. Local legislation of the other two national laws has already been completed. It is time to adopt and enact the National Anthem Law as well. It must be emphasized that the national anthem symbolizes the PRC, which is a sovereign state under the rule of law. It is every Chinese citizen’s constitutional obligation to respect the national anthem unconditionally as they do the national flag and national emblem.
The HKSAR enjoys the benefits of “one country, two systems” according to the Basic Law, but that does not mean it should tolerate disrespect for the nation by treating its symbols with contempt. For the sake of national dignity, legislators should support the bill and complete the legislation process required by the Basic Law.