National Anthem Bill

The "March of the Volunteers", national anthem of the People's Republic of China.

The National Anthem Bill is a proposed law of Hong Kong to preserve the dignity of the "March of the Volunteers", national anthem of the People's Republic of China, so that the Hong Kong resident would respect the national anthem. It is proposed to implement the Law of the People’s Republic of China on the National Anthem (the National Anthem Law) by local legislation.[1]

Background

The Hong Kong-Central Government relations grew tenser following the 2014 Hong Kong protests in which the protest moved from the street to football field.[2] Since 2015, Hong Kong has seen a rise in booing the "March of the Volunteers", national anthem of the People's Republic of China (PRC), most prominently in the international football matches. The first incident was during the Hong Kong v Maldives match in the 2018 FIFA World Cup qualification at Mong Kok Stadium in June 2015, when the fans booed during the national anthem was played ahead of the game.[3] The booing reoccurred during the Hong Kong v Qatar match in September 2015. FIFA had issued a warnings to the Hong Kong Football Association (HKFA) over the conduct of fans, fined 5,000CHF for the booing incident at home to Qatar. the HKFA was fined for 10,000CHF (HK$77,150) again for booing the anthem before the home game against China on 17 November 2015.[4]

In response, the PRC government made known its intention to have a national anthem law applied to Hong Kong as well as the mainland, arguing it would help foster social values and promote patriotism.[5] The People's Republic of China on the National Anthem (the National Anthem Law) was adopted at the 29th session of the Standing Committee of the 12th National People's Congress (NPCSC) on 1 September 2017, and came into force nationwide on 1 October 2017. The law sets out rules to use the national anthem. It would bar use of the anthem in commercial advertisements, and require attendees at events to stand up straight "solemnly" when the anthem plays.[5] Violators, including those who modify the lyrics or mock the song or play it during "inappropriate" occasions, could be detained for up to 15 days or face criminal prosecution.[6]

On 4 November 2017, the NPCSC adopted the decision to add the National Anthem Law to Annex III of the Basic Law of Hong Kong. In accordance with Article 18(2) of the Basic Law, the national laws listed in Annex III to the Basic Law shall be applied locally by way of promulgation or legislation by the Hong Kong Special Administrative Region (HKSAR).[1]

Concerns

Craig Choy of the Progressive Lawyers Group said it was impractical to expect all the waiters and customers at a local eatery to stand up when the national anthem is heard on TV, and suggested that local stations should stop playing it in order to avoid controversy. University of Hong Kong principal lecturer Eric Cheung also said will be unrealistic to include a provision on requiring one to stand. He also said it "would be quite scary" if "you’d have to follow the ideology and expressions of socialism in mainland China."[7]

Eric Cheung said that the "ideological" and "guidance" provisions of the government’s proposed national anthem law, including a clause stating that primary and secondary schools would need to teach pupils to sing and understand the history of "March of the Volunteers", was a "complete deviation" from common law norms. In the mainland version of the law, "secondary and primary schools shall regard the national anthem as an important component in education to promote patriotism, organise students to learn to sing the national anthem, and teach students on the history and spirit of the national anthem and to observe the etiquette for performing and singing the national anthem".[8] Cheung said that if the provision is stated but it does not punish the offender, there may be those who deliberately engage in such an act and it would diminish the solemnity and dignity of the law.[9]

In response to the concerns and call for a white bill and public consultation, Chief Executive Carrie Lam dismissed it by stating that "I do not understand why one has to insist on the term 'public consultation'," calling the term only a "label". She also insisted the proposed bill only targets people who deliberately insult the national anthem and the residents not to worry about it.[10]

See also

References

  1. 1 2 "Legislative Council Panel on Constitutional Affairs - Local Legislation to Implement the National Anthem Law" (PDF). The Legislative Council of Hong Kong. 23 March 2018.
  2. ↑ "Hong Kong-China: A growing football rivalry or just politics?". BBC News. Retrieved 2016-09-16.
  3. ↑ "Don't boo China national anthem, Hong Kong FA begs fans ahead of Maldives game". South China Morning Post. 25 June 2015.
  4. ↑ "Hong Kong Football Association fined again by Fifa for booing China national anthem". South China Morning Post. 14 January 2016.
  5. 1 2 "Explainer: what will China's national anthem law mean for Hong Kong?". South China Morning Post. 30 August 2017.
  6. ↑ "Why the national anthem law is a matter of concern". Ej Insight. 30 August 2017.
  7. ↑ "Any law requiring Hongkongers to stand for national anthem would be 'unrealistic' and 'impractical' – legal experts". Hong Kong Free Press. 6 November 2017.
  8. ↑ "Hong Kong's Chinese national anthem law 'shouldn't include rule for schools', legal scholar says". South China Morning Post. 19 March 2018.
  9. ↑ "Hong Kong's proposed national anthem law deviates from common law norms, says legal scholar". Hong Kong Free Press. 19 March 2018.
  10. ↑ "No need for formal consultation over law against national anthem abuse, says Hong Kong leader". South China Morning Post. 17 March 2018.
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