Hong Kong not obliged to enforce new national law on patriotic education but can still push ahead with efforts, says city’s sole delegate to top legislative body

Bill not expected to be added to Annex III of Basic Law, according to Starry Lee, who is attending NPC Standing Committee session in Beijing
Hong Kong leader John Lee says city will have little difficulty in meeting requirements of new law as ‘lot of work’ already done locally on that front

John Lee

Jeffie Lam

Published: 12:20pm, 27 Jun 2023

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Hong Kong would not be legally required to enforce a new law Beijing is discussing on promoting patriotic education across the country, but the local government could still push ahead with its own efforts, the city’s sole delegate to the top body of the national legislature has said.

Starry Lee Wai-king, a member of the National People’s Congress (NPC) Standing Committee, on Tuesday said she understood that the bill would not be added to Annex III of the Basic Law, the city’s mini-constitution, even though the legislation also covered people in Hong Kong, Macau and Taiwan, as well as Chinese people overseas.

Article 18 of the Basic Law states that national laws shall not apply in Hong Kong except for those listed in Annex III.

Starry Lee is attending a session of the National People’s Congress Standing Committee in Beijing. Photo: Sam Tsang

Even after the bill was passed, the city government would not be required to enact local legislation on patriotic education, Lee added.

“But the promotion of patriotic education would not be limited because of a specific region or system,” she said, referring to the “one country, two systems” governing principle.

Lee was speaking from Beijing, where she is scrutinising the bill as the city’s sole representative on the apex body of the national legislature.

Earlier in the day, Chief Executive John Lee Ka-chiu said he expected the city would have little difficulty in meeting the requirements of the proposed national bill as “a lot of work” had already been done locally on that front.

“Hong Kong has been doing a lot of work on patriotic education, such as teaching about Chinese history and national security,” he said ahead of his weekly meeting with his advisers on the key decision-making Executive Council.

“We have encouraged young people to visit different mainland cities, understand the country’s policies and facilitate communication between residents of both sides. All the efforts by Hong Kong will adapt very well with patriotic education.”

Chief Executive John Lee says Hong Kong has been doing a lot of work on patriotic education. Photo: Robert Ng

As national education had already been incorporated into school curriculums, efforts to meet the requirements “will be easy”, he added.

The proposed bill, revealed on Monday, is designed to lay down content, goals, guiding principles and a leadership mechanism for patriotic education, as well as the duties of departments involved.

State media reported that there would be “targeted regulations” on how those in Hong Kong, Macau and Taiwan, as well as Chinese people overseas, should promote patriotic education.

City leader Lee said whether the draft law would be applied in Hong Kong would be decided by the standing committee following consultations with the Basic Law Committee and the local government, as stipulated in Article 18.

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Under the article, national laws can only be applied in Hong Kong if they are listed in Annex III of the mini-constitution and relate to defence, foreign affairs or “other matters outside the limits” of the city’s autonomy. The national laws are then either promulgated – taking effect automatically – or adopted through local legislation.

In 2020, the NPC Standing Committee voted to add the Beijing-decreed national security law to Annex III of the Basic Law.

According to Starry Lee, Article 22 of the bill states the country will adopt measures to strengthen awareness of the country, its history and traditional culture among those in Hong Kong, Macau and Taiwan, so they could safeguard national unity.

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The country would also strengthen its ties with overseas Chinese to boost their patriotism, she added.

The lawmaker said she planned to float several suggestions during the session in Beijing, such as opening the Ngong Shuen Chau barracks on Stonecutters Island for members of the public to visit, creating exhibitions on the country’s resistance to the Japanese invasion and a Chinese Communist Party museum.

The full draft of the law has not yet been made public, with only some details released in state media reports.

According to Xinhua News Agency, the law contains provisions on patriotic education through activities such as raising the national flag, singing the country’s anthem and reciting constitutional oaths.

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So-called patriotic education bases – museums, sites, or venues tied to party history and China’s cultural heritage – would be elevated as key resources to promote patriotism, the agency said.

The country would also support religious bodies in launching patriotic education to boost their recognition of, among other things, Chinese culture and the party.

Asked whether the city’s religious bodies would be expected to do the same following the passage of the law, Starry Lee noted many religious premises had also raised national flags. These groups should also strengthen their understanding of the country’s history and culture while operating on Chinese soil, she said.

Hong Kong teachers have asked for greater freedom to organise patriotic education activities, saying local schools should be allowed more leeway because of the historical differences between the city and mainland China on how the subject was delivered.

Some also feared it would further increase the workload of teachers, with many of them having already been tied up with “a growing list of tasks and activities” related to national education.