Hong Kong seeks to extend law to ban online desecration of city’s flag and emblem
- Constitutional and Mainland Affairs Bureau says in paper that suggested changes are to align with related ordinances such as the national anthem law
- Defiling flags and emblems ‘in any other way’ or ‘intentionally publishing a desecration’ will be outlawed
Desecration of Hong Kong’s emblem or flag online will be illegal, while participants at public events will no longer be allowed to discard the city’s symbols randomly, according to a legislative amendment proposal submitted to the legislature.
The suggested changes in the Regional Flag and Regional Emblem Ordinance could “further clarify” offences and expand the scope of protection, by covering conduct “in both real life and over the internet”, the Constitutional and Mainland Affairs Bureau said in a paper released on Tuesday.
Currently, burning, mutilating, scrawling on, defiling or trampling on the images of regional flags is banned. Under the proposal, desecrating standards and emblems “in any other way” or intentionally publishing a desecration of them would also be illegal.
The amendments include forbidding people from displaying regional flags or emblems “upside down” and in any way that “undermines [their] dignity”, while defiled versions must be disposed of at designated collection points.
Organisers of all public events, meanwhile, must recover or dispose of the regional flags or emblems used on the sites in the manner stipulated by the chief executive.
The bureau has also said it hopes to specify a prosecution timeline for summary proceedings, either within a year of a police notice or within two years after the offence is committed, whichever is earlier.
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Under the current law, offenders convicted of indictment face a fine of HK$50,000 (US$6,374) and three years’ imprisonment, while those on summary conviction are liable to a fine of HK$10,000 and one year behind bars.
The proposed ordinance will list the etiquette at ceremonies when the regional flag is raised, such as having participants stand solemnly while facing the flag, and looking at it with “respectful attention”.
The emblem cannot be displayed at funeral activities except with prior approval from the city’s chief executive, and its design cannot be used in commercial advertisements.
The secretary for education is expected to give directions on including the regional flag and emblem in primary and secondary syllabus, while all free or paid broadcasters will also be asked to promote the symbols.
The bureau explained that the amendment was to align with the updated National Flag and National Emblem Ordinance, changed in 2021 to clarify desecrating offences. It also took reference from the National Anthem Ordinance, which came into force in 2020.
“[The public] will make good use of the regional flag and emblem to express their love and support for [Hong Kong] whilst showing respect for the [symbols],” it said.
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Last October, a 31-year-old graphic designer and a 20-year-old student diagnosed with autism were separately arrested for allegedly desecrating both the national and regional flags. The designer, accused of violating the law in To Kwa Wan, denied the two charges, with his trial to begin next month.
The case of the student, who allegedly bent flag poles of one national flag and three regional flags in Sham Shui Po, is expected to close by the end of this month.
