Hong Kong’s proposed national anthem law is almost impossible to violate – unless you are very determined
- Bernard Chan says the draft law targets public and intentional misuse of the anthem, and is not intended to curb general freedoms or force people to be more patriotic
Although the bill is receiving a lot of attention, it is important for people to understand that it has a very specific purpose and intent and is not designed to threaten general freedoms. Much of it is probably not all that controversial anyway.
The draft bill includes a ban on misusing the national anthem. This means it should not be used – either the lyrics or music or both – in commercial advertisements, during private funerals or as background music in public places.
It is very unlikely that any of us will be affected in any way by this. It is also unlikely that someone could accidentally infringe these bans, but the draft uses the words “without reasonable excuse”, just in case.
The bill also states occasions when the anthem must be played, such as oath-taking and other public ceremonies. And it requires the secretary for education to direct schools to teach students about the anthem, though the schools are not subject to penalties regarding this.
The main debate on the bill will probably concern clause seven, which makes insulting the national anthem an offence. This means altering the lyrics or music, or playing the anthem in a distorted or disrespectful way.