‘Foreword to Hong Kong’s national anthem law will promote patriotic spirit’

The foreword to Hong Kong’s national anthem bill will “mention the promotion of patriotic spirit”, similar to what is in the mainland law, the city’s constitutional and mainland affairs chief said on Friday.

Patrick Nip Tak-kuen said this to lawmakers when he briefed them on the bill that is set to be tabled in the Legislative Council before July, amid public discussion on whether local laws should contain political statements or declarations commonly found in mainland laws.

The issue at hand is the government’s proposal for the Hong Kong national anthem law – in keeping with the mainland version – to state that schools “shall teach students to sing the national anthem, and to understand the history and spirit of the national anthem”, even though there would be no punishment if they did not comply.

Should Hong Kong’s national anthem law specify the responsibility of schools to teach the song?

Legal scholars said legislation should spell out what conduct is prohibited and not regulate standards of behaviour while lawmakers said there was no precedence for legislation that did the latter.

For example, they added, the Hong Kong version of the national law on the Chinese flag – enacted in 1997 when the city returned to Chinese rule – did not rule that full-time schools must display the flag daily and hold a flag-hoisting ceremony once a week.

Also, the ordinance simply says the legislation is “to provide for the use and protection of the national flag and national emblem” in the city.

In the case of the mainland Chinese national anthem law, Articles 1 and 3 say the legislation is meant “to enhance the sense of nation among citizens; to promote patriotism; and to cultivate and practise the core values of socialism”.