Hong Kong court jails reporter for 3 months in first conviction over national anthem law
- Paula Leung, 42, waved colonial flag at APM mall during screening of star fencer Edgar Cheung’s gold medal ceremony last year
- Magistrate says city’s first conviction under anthem ordinance shows ‘reporters don’t get a free pass to break the law’
Paula Leung Yan-ling, 42, was jailed for three months by Kwun Tong Court for the breach of the National Anthem Ordinance, which made it an offence to insult “March of the Volunteers”, as the awards ceremony was shown on a large digital screen in front of an audience of about 1,000 people at the APM mall last year.
As a gold medal was awarded to city fencer Edgar Cheung Ka-long after he defeated Italian Daniele Garozzo and the anthem was played, Leung waved the British Hong Kong flag, while others chanted “We are Hong Kong”, a rallying cry sometimes used at sporting events in support of city teams.
Acting Principal Magistrate Amy Chan Wai-mun told the court Leung had seriously disparaged the anthem, damaged the country’s dignity and risked stoking conflict.
“The defendant acted in the capacity of a reporter,” the magistrate said.
She added the sentence showed “that reporters don’t get a free pass to break the law.”
Leung, who volunteered at online news portal Freeman Express, was “extremely sorry” for her actions and the potential harm they might have caused, defence lawyer Chan Yik-kan told the court.
The defence argued that waving the flag did not exacerbate the situation, but prosecutor Diana Cheung Yim disagreed, and highlighted that Leung’s actions had provoked people nearby to jeer at the anthem.
Cheung said Leung’s crime was premeditated, and that the defendant brought the flag in a tote bag emblazoned with the Union flag and a dragon and lion motif.
What is Hong Kong’s national anthem law?
The magistrate agreed, saying it could reasonably be expected that the defendant’s actions risked an aggressive response from people in the crowd who held opposite views and could have sparked violence.
“As many people in the mall were about to witness Hong Kong’s glorious moment with cheers and applause, the defendant, however, swung the British colonial Hong Kong flag, prompting some to start booing loudly,” the magistrate said.
“It was pure luck that no incident happened in this case … The defendant brought the colonial flag to the scene, which demonstrated her premeditation and detailed planning.”
The defence lawyer asked for leniency and highlighted Leung’s autism, intellectual disability and ill health, but the magistrate said they could not be seen as mitigating factors.
The National Anthem Ordinance, enacted last year, requires people to “stand solemnly and deport themselves with dignity” when “March of the Volunteers” is played or sung.
A prosecution summary of the case emphasised that everyone in Hong Kong should “preserve the dignity of the national anthem, and play and sing the national anthem on appropriate occasions”.
Leung was arrested on July 30 last year near Kwai Chung after Innes Tang Tak-shing, the chairman of pro-government activist group Politihk Social Strategic, made a complaint to police.
Lingnan University history Professor Lau Chi-pang, who compiled a report for the prosecution, said the armorial bearings on the British Hong Kong flag symbolised the colonial link between the two places.
Prosecutors argued the defendant’s display of the flag “was obviously conducted intentionally and publicly to insult the national anthem by undermining the dignity of the national anthem as a symbol and sign of the People’s Republic of China”.
Lawyer: Hong Kong football fans who booed national anthem may have broken law
Insulting the national anthem is punishable by three years imprisonment and a HK$50,000 fine.
The legislation laid out nine “appropriate occasions” when the anthem must be played, including when the chief executive, lawmakers and judiciary officers take their oaths of office.
Other occasions include flag-raising ceremonies, some government receptions, major sporting events and the ceremonial opening of the legal year.
Football fans booed the national anthem at a match between the city’s team and Myanmar at Hong Kong Stadium in September.
The event, which attracted more than 12,000 fans, was the first home fixture for Hong Kong since the ordinance came into force.
Lawyer Vitus Leung Wing-hang said at the time that police, who were present at the match and videoed spectators as the anthem was played, could take action if the evidence supported it or if complaints were made.
