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China imposes national anthem law on Hong Kong, raising spectre of prison terms for abuse of song

Country’s top legislative body formally inserts law into city’s mini-constitution, but details of how it will be applied in Hong Kong yet to be thrashed out

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Abuse of the Chinese national anthem or flag will be a punishable offence. Photo: EPA

China’s top legislative body on Saturday imposed a national anthem law on Hong Kong in a bid to curb acts that “challenge the bottom line” of one country, two systems, but lawmakers in the city were given a free hand over whether to apply it retroactively.

The National People’s Congress Standing Committee inserted the law into Hong Kong’s mini-constitution, and also endorsed a change to China’s criminal code to make abuse of the national anthem or flag on the mainland punishable by up to three years in prison.

Soon afterwards the Hong Kong government issued a statement saying it would adopt the measure – now incorporated into Annexe III of the city’s Basic Law – “by way of appropriate local legislation” consistent with the city’s constitutional and legal regime.

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Under one country, two systems, Hong Kong’s governing formula, the city has maintained a separate legal system from mainland China since the handover of sovereignty from Britain in 1997.

Football fans hold the Chinese national flag and sing the anthem. Photo: AFP
Football fans hold the Chinese national flag and sing the anthem. Photo: AFP
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Hong Kong’s No 2 official, Chief Secretary Matthew Cheung Kin-chung, on Saturday said the government would try to enact the legislation as soon as possible, but would take into account the views of local lawmakers and the public.

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