National anthem law will create dilemmas and awkward situations in Hong Kong, rather than love of country

What was I supposed to do? Standing up solemnly was not an option. Should I have sat to attention? I found myself in this predicament on a mainland highway heading to the Huanggang border crossing last Saturday. Suddenly, the national anthem blared out from the car driver’s mobile phone. It was his incoming call ringtone. 

Startled, I didn’t know what to do now that China has a new law requiring respect for the national anthem. Was the driver a patriot or did he choose the ringtone for fun? Unsure, I straightened up in the front seat next to him but he abruptly cut his incoming call and resumed chatting to me. 

I am not being flippant, just genuinely fearful I could be jailed or fined for breaking a law that doesn’t clearly define what constitutes an offence. Suppose the mainland driver’s phone rang while on the MTR here. Are passengers expected to stand? The law states people cannot use the anthem as background music. Is a ringtone background music? 

Officials from the chief executive down have tried to reassure a spooked public that the police will only target those who show wilful intent to insult the national anthem. Booing the anthem at soccer matches, as has happened before, is clearly an intent to mock it. But what if 100 spectators simultaneously pick their noses, roll their eyes, yawn or make a gesture indicating they want to throw up? These silent acts are natural body movements. How can prosecutors prove without reasonable doubt they were deliberate acts intended to mock without proving a conspiracy among the 100? Do we even have enough jail cells and resources to handle such mass protests?