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Chinese national anthem
Hong KongPolitics

New national anthem law overrules free speech in Hong Kong’s Legislative Council, official says

  • Lawmakers who insult China’s national anthem in Legco may no longer be shielded by free speech ordinance meant to ensure open debate
  • Two veteran pro-Beijing lawmakers disagree, asking government to clarify the extent of lawmakers’ legal exposure

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The proposed national anthem law came about after China’s top legislative body inserted it into Hong Kong’s Basic Law in 2017. Photo: EPA
Sum Lok-kei

Hong Kong lawmakers who insult China’s national anthem in the Legislative Council would not be shielded by a free speech ordinance if the new national anthem law was passed, a senior official said on Friday.

Roy Tang Yun-kwong, the permanent secretary for constitutional and mainland affairs, was asked to clarify that point in writing after lawmakers – including two pro-Beijing legislators – argued free speech was guaranteed by the Legislative Council (Powers and Privileges) Ordinance.

Civic Party lawmaker and barrister Dennis Kwok, speaking at a meeting on the anthem law, questioned which of the laws would have more weight.

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Civic Party legislator Dennis Kwok argued free speech is essential for open debate within Legco. Photo: Winson Wong
Civic Party legislator Dennis Kwok argued free speech is essential for open debate within Legco. Photo: Winson Wong

“If lawmakers make speeches inside the chamber that are suspected to have insulted the national anthem, will section three of the power and privileges ordinance come first?” Kwok asked.

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According to the section three and four of the ordinance, speeches by lawmakers at Legco are not liable to civil and criminal proceedings in order to protect freedom of speech and debate.
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