Explainer: Hong Kong’s China national anthem Bill aims to legislate ‘respect’
Hong Kong’s legislature is moving forward on a controversial bill that would criminalise abuse of China’s national anthem.
A second reading of the Bill is being held in the legislature on Wednesday (May 27). Protests outside the legislature are expected.
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WHAT IS IT?
This includes provisions that threaten to punish those who insult the anthem with up to three years jail and/or fines of up to HKUS$50,000 (US$6,450).
The Bill states that “all individuals and organisations” should respect and dignify the national anthem and play it and sing it on “appropriate occasions”.
It also orders that primary and secondary school students be taught to sing it, along with its history and etiquette.
WHY IS IT CONTROVERSIAL?
Anti-government protests last year were primarily aimed at resisting further integration with mainland China. The Chinese national anthem has been booed at several events, including football matches.
Britain handed Hong Kong back to Chinese rule in 1997 with guarantees that the city’s core freedoms and way of life would be protected under a “one country, two systems” formula, which Beijing says it respects.
The freedoms of speech, press, association and demonstration are explicitly written into the Basic Law, the mini-constitution that guides Hong Kong’s relationship with its Chinese sovereign – freedoms that opponents of the Bill now say are under threat.
More technically, some senior lawyers fear the Bill is highly unusual in that it, in part, reflects the ideological aspirations of China’s Communist Party that might prove difficult to enforce.
“It is the first Hong Kong law I’ve seen that looks like it was written in Beijing,” one senior judge told Reuters recently, speaking privately. “It will be a nightmare to rule on.”
The Hong Kong Bar Association acknowledged the need for such laws but said parts of the Bill “deviate from the good traditions” of Hong Kong’s common law system.
It said there was a fundamental difference between that system and the “socialist legal system of mainland China which would include political ideology and conceptual guidance”.
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WHERE DID IT COME FROM?
For years, Chinese officials and their pro-Beijing allies in Hong Kong have wanted to instill a greater sense of patriotic pride across its freest – and most restive – city.
Hong Kong’s government says its Bill reflects the city’s own legal system and situation.
“The main spirit of the … Bill is ‘respect’, which bears absolutely no relations to ‘restricting freedom of speech’ as claimed by certain members of the community and definitely not a so-called ‘evil law’,” a spokesman said earlier this year.
Further protests and intense legislative infighting over the Bill are widely expected.
The government, under pressure from Beijing, says the Bill is now a priority to be passed into law before the end of this four-year legislative session in July.
Having been mired in a log-jam of legislative procedural battles, the Bill could face a third reading after Wednesday’s proceedings and possibly a vote early next month.
If it misses the deadline, the government would then have to decide whether to re-introduce the Bill in the next session or force it into law by promulgation, seen as a highly unusual and potentially explosive option. Deeper public consultation and a re-draft would be the alternative.
Longer term, if the Bill becomes law and is enforced, constitutional challenges can be expected in courts – both into the Bill’s content, and the procedural battles through which it passed.