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Hong Kong Basic Law
Hong KongPolitics

Intention key to determining whether national anthem insult in Hong Kong deserves jail time

Legco bill would also urge schools to teach pupils to sing and understand history of song, but disrespectful conduct not defined

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Beijing inserted the national anthem law into Hong Kong’s mini-constitution last November. Photo: EPA
Tony Cheung

China’s national anthem law will be adopted in Hong Kong without defining what constitutes an insult to the song, making the intention behind any perceived abuse crucial to deciding whether offenders should be jailed, according to a legislative proposal by the city’s government.

The bill that will localise the Beijing-imposed national anthem law will urge primary and secondary schools to teach pupils to sing and understand the history of March of the Volunteers, which is already happening in many schools as part of their curriculum.

The government aims to table the bill at the Legislative Council in July to make insulting or distorting the anthem punishable by a maximum fine of HK$50,000 and three years in prison.
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The move was initiated by China’s top legislative body in November by inserting the anthem law into the city’s mini-constitution, the Basic Law, and requiring the local government to adopt it.
Under the local legislation, insulting the anthem’s lyrics or score in any manner would be a criminal offence. Photo: AFP
Under the local legislation, insulting the anthem’s lyrics or score in any manner would be a criminal offence. Photo: AFP
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According to an outline released on Friday, the local bill will make it a criminal offence to “publicly and wilfully alter” the anthem’s lyrics or score, perform or sing it in “a distorted or derogatory” manner, or insult it in any other way.

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