Hong Kong Bar Association wants overhaul of national anthem bill, saying five of 14 clauses deviate from city’s common law traditions

Authorities asked to clarify how law would affect the oath-taking ceremonies of lawmakers and members of the judiciary

Five clauses the Bar objected to concern when and how the anthem should be sung

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The Hong Kong Bar Association called for the removal of one-third of the 14 clauses in the proposed national anthem law. Photo: Fung Chang

Published: 7:15am, 3 Apr 2019Updated: 7:30am, 3 Apr 2019

The Hong Kong Bar Association has called for the removal of more than one-third of the 14 clauses in the proposed national anthem law, saying that provisions which do not entail punishment are a departure from the city’s common law tradition.

The five clauses the Bar Association objected to concern when and how the anthem should be sung, according to a document filed to the Legislative Council on Tuesday.

The legal body agreed that some ways of disrespecting the anthem should be made illegal, but said all prohibited acts should “easily understood by citizens and should not unduly restrict citizens’ constitutional right to freedom of expression”.

The association also urged authorities to clarify how the proposed law would affect the oath-taking ceremonies of lawmakers and members of the judiciary. The anthem is not usually played at the ceremonies for lawmakers, but the bill read that it should be in the future.

A question the association wanted explained was whether lawmakers and judges could be disqualified for not singing the anthem. Six pro-democracy legislators were removed from office since 2016 for failing to take their oath properly.

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