Hong Kong proposes bill banning criticism of China’s national anthem News
Hong Kong proposes bill banning criticism of China’s national anthem

The Hong Kong Special Administrative Region (HKSAR) proposed a bill on Wednesday aimed at incorporating the People’s Republic of China’s National Anthem Law [unofficial translation] into Hong Kong’s regional law by means of local legislation rather than “promulgation.” The bill, as well as the original order is meant to “preserve the dignity” of the anthem of the People’s Republic of China.

The bill lays out the definition of the PRC’s national anthem. It further specifies when and how the anthem should be performed. Notably the text states “[t]he national anthem must be played and sung in a way that is in keeping with its dignity.”

Section 6 of the bill deals with “misuse” of the anthem. It would make it unlawful for anyone to appropriate the national anthem for commercial use. It would also be unlawful to play the anthem during a funeral, or as background music in a public place. Anyone who violates the proposed law will be liable by fine or imprisonment. The proposed statute of limitation is set at 2 years after the date of the act, or 1 year following the incident coming to the attention of authorities. The Hong Kong Secretary for Constitutional and Mainland Affairs, Patrick Nip Tak-kuen stated the statute of limitations was extended from 6 months to 2 years due to the difficulty for law enforcement to gather evidence for offenses committed online or in places where the offense was committed by large numbers of unnamed people (i.e. football matches).

Section 7 of the bill addresses instances of insult against the anthem. A person would be guilty of insulting the national anthem if the insult was done with intent and in public. The section specifies that individuals may not intentionally alter the lyrics or score, or sing or perform the score in a disrespectful way. Section 9 also directs the Secretary of Education to properly instruct primary and secondary school students about the history of the anthem, as well as how to properly present/perform it.

The National Anthem Bill was was first implemented under Chairman Order No. 75 in Mainland China in September 2017. China.org claims the bill enjoys widespread public support in Hong Kong. China.org is one of China’s official news services.

Hong Kong existed as a British territory until 1897. Beginning in 1898, the British Empire obtained a “99-year lease” from the declining Manchu-ruled Chinese Qing Empire. The island colony was returned to the People’s Republic of China on July 1, 1997, after 156 years of British imperial rule.

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