A list of pressing issues the city must address for the law to be adopted locally
In its bid to rein in Hongkongers’ jeering of the national anthem, Beijing seeks to impose a stiffer penalty on those found to have acted disrespectfully while the tune is played.
With formal approval given by the National People’s Congress Standing Committee (NPCSC) on Saturday, the mainland’s national anthem law is to be incorporated into Annexe III of the Basic Law, Hong Kong’s mini-constitution, and take effect across the city.
Here is an overview of issues Hong Kong must address for the law to be adopted locally.
How will the national law be enforced in Hong Kong?
According to Article 18 of the Basic Law, the national laws listed in Annexe III can be applied locally “by way of promulgation” or adapted to suit the city’s system. The Hong Kong government issued a statement on Saturday that it would adopt the national anthem law “by way of appropriate local legislation” consistent with the constitutional and legal regime of the city.
What penalties will be imposed in Hong Kong?
The national anthem law – approved at an NPCSC session in September and effective on the mainland since October 1 – states that anyone who maliciously modifies the lyrics, or plays or sings March of the Volunteers in “a distorted or disrespectful way in public” faces up to 15 day in administrative detention by police.
But the standing committee voted on Saturday to introduce an additional clause to the country’s criminal code to make abuse of the national anthem or flag punishable by up to three years in prison or a deprivation of political rights.
Basic Law Committee head Li Fei was quoted on Thursday as saying Hong Kong would legislate its own penalty. Hong Kong’s constitutional affairs minister, Patrick Nip Tak-kuen, has said the government would draw reference from the present National Flag and National Emblem Ordinance, which prescribes a maximum penalty of three years in jail and a fine of HK$50,000 for abuse of either of the symbols.
