Does respect for China’s national anthem have to be mandated by law in Hong Kong?
Cliff Buddle says criminalising derogatory treatment of the national anthem, while intended to protect it, would nevertheless curb freedom of expression. Worse, the proposal comes at a sensitive time in Beijing-Hong Kong relations
When the Sex Pistols released their punk version of Britain’s national anthem in 1977, the country’s establishment reacted with horror and outrage.
The BBC banned the song from the airwaves, some stores refused to sell the single, and the band came under fire from the media and the public. There were even scuffles and arrests during a provocative publicity stunt when the song was played on a boat on the River Thames.
Forty years on, the punk anthem might strike a chord with Hong Kong’s disaffected youth, with its uncompromising anti-establishment message and refrain of “no future for you … no future for me”.
Explainer: what will China’s national anthem law mean for Hong Kong?
The law bans malicious altering of the lyrics in a derogatory manner in public.
Latter-day Sex Pistols beware!
It also limits the occasions when the national anthem may be played. Using it in advertisements, as background music in public places, or at funerals, is not allowed. The law requires everyone to respect the national anthem. When it is played, those present are to stand in a respectful manner. A breach of the law can result in 15 days police detention. Violations can also be dealt with under other laws.
National anthems, as a reflection of a country’s identity, history and culture, are entitled to respect. It is not surprising this one is being applied to Hong Kong given that, as part of China, it is the city’s national anthem, too.
Watch: how well do Hongkongers know their national anthem?
However, a law which makes disrespecting the national anthem a crime will curb free expression. Concerns have already been expressed about the impact it will have. And it comes at a time of heightened sensitivity about moves by Beijing to use the law to further its objectives in Hong Kong.
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It is very important that the law is clear and precise so that everyone understands what constitutes an offence. If it is too broad, the courts are likely to view it as an unlawful restriction on the freedom of expression and strike it out.
Pro-establishment lawmakers have suggested that booing the national anthem at a football match will breach the law. Whether or not that is the case will need to be made clear.
Watch: Hong Kong soccer fans boo the national anthem in 2015
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The March of the Volunteers has a colourful history. Written in the 1930s, it became a rallying cry for the people of China during the war with Japan. It was later adopted as the national anthem of the People’s Republic of China, although the lyrics were at one point changed to incorporate references to Mao Zedong. The original words were restored in 1982.
Watch: The sad history of China’s national anthem
Student protesters sang the anthem in Tiananmen Square in 1989 before the crackdown.
Times have changed in Britain in the 40 years since the release of the Sex Pistols single. A Conservative Member of Parliament recently called for the national anthem to be played by the BBC at the end of its day’s television programming, as happened until 1997. BBC’s Newsnight programme responded by saying it was happy to oblige – it played the Sex Pistols version.
It is natural for governments to expect their country’s national anthem to be respected. But the addition of another law which criminalises a form of expression is not what Hong Kong needs at this politically sensitive time. To borrow from the Sex Pistols song, it’s a “potential H-bomb”.
Cliff Buddle is the Post’s editor of special projects