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Legislative Council of Hong Kong
Hong KongPolitics

Hong Kong’s Chinese national anthem law ‘shouldn’t include rule for schools’, legal scholar says

Legal scholar says it’s pointless for local legislation to state schools must teach March of the Volunteers – if law is just for ‘guidance’ and won’t be enforced

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The anthem law has already been inserted into the Basic Law. Photo: K.Y. Cheng
Sum Lok-kei

A legal expert has questioned the need to include schools in a Hong Kong government bill for the local version of mainland China’s national anthem law.

Eric Cheung Tat-ming, the University of Hong Kong’s principal law lecturer, said that including clauses covering schools – which would face no punishment if they did not comply – would undermine the law. The bill is set for its first reading at the Legislative Council in July.

According to a government document submitted to Legco’s constitutional affairs panel last week, the bill would include a clause stating that primary and secondary schools would need to teach pupils to sing and understand the history of March of the Volunteers.

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Eric Cheung says such clauses are a ‘complete deviation’ from Hong Kong’s legislative process. Photo: K.Y. Cheng
Eric Cheung says such clauses are a ‘complete deviation’ from Hong Kong’s legislative process. Photo: K.Y. Cheng

Cheung said the inclusion of such clauses was a “complete deviation” from Hong Kong’s legislative process. “Now that you’ve put it there, there is no consequences in violating it,” Cheung told a radio programme. “If someone is violating the law intentionally, and there is no consequences, it will reduce the solemnity of the law.”

No need for formal consultation over law against national anthem abuse

He said the inclusion of “ideological” and “guidance” clauses was common on the mainland because many laws “are not enforced legally, they do more on the policy level”.

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