Anthem ordinance comes into effect

The Hong Kong Special Administrative Region government gazetted the National Anthem Ordinance on Friday, making it an offense to insult or offend China's national anthem in the SAR.

Acts intended to insult the song, March of the Volunteers, including publicly altering its lyrics or score, or playing and singing it in a distorted or disrespectful way, are liable to a three-year term in prison and a fine of HK$50,000 ($6,450).

Misuse of the anthem, such as using it as background music in public places, or using it on improper occasions－including commercial advertisements, private funerals, etc.－could also lead to the maximum fine being levied, according to the ordinance.

The ordinance also requires the HKSAR authority to include the anthem in Hong Kong's primary and secondary education, as well as during broadcasts and domestic television program services.

In a statement on Thursday, HKSAR Chief Executive Carrie Lam Cheng Yuet-ngor said that as an inalienable part of China, the HKSAR is duty-bound to preserve the dignity of the anthem through legislation, as it is the symbol and sign of the nation.

To help younger generations better understand the history and spirit of the anthem and learn proper etiquette for playing and singing it, the Education Bureau will update teaching resources and issue directions to support school education in this area, Lam said.

Lau Siu-kai, vice-president of the Chinese Association of Hong Kong and Macao Studies, believes the law will safeguard the dignity of the anthem, as well as the central government's authority.

In recent years, some Hong Kong people used the anthem as a tool to confront the central authorities by booing it on public occasions, or maliciously altering its lyrics to denigrate the nation, Lau said.

The law may not completely stop such behavior, but at least it provides a warning that a price will be paid by violators, Lau added.

Barrister Lawrence Ma Yan-kwok, chairman of the Hong Kong Legal Exchange Foundation, said that with the new law, Hong Kong people can no longer vilify, denigrate or abuse the anthem.

Ma said the new law fills a longstanding legal vacuum in protecting the anthem in Hong Kong, adding that it carries sufficient sentencing power to deter infringement. He hopes it will effectively curb, and even stop, any future abuses of the anthem by would-be culprits.

Wong Kwan-yu, president of the Hong Kong Federation of Education Workers, said the law makes it mandatory to include the anthem in primary and secondary education, which he believes will nurture students' understanding of national identity.

Previously, such education has been optional for schools, which has restrained its impact among youngsters, Wong said. Yet in the wake of recent political movements to alienate Hong Kong from the nation, it is imperative to educate students to respect the nation and safeguard its dignity, Wong said.

In November 2017, the Standing Committee of the National People's Congress added the National Anthem Law into Annex III of the HKSAR's Basic Law.