The Hong Kong government has taken “preliminary steps” towards creating local legislation to punish people who disrespect the national anthem, a city official said today, according to reports.
Beijing earlier this year passed a law prescribing harsh punishments of up to 15 days in detention for mocking March of the Volunteers, which has been jeered repeatedly by Hong Kong football fans.
The law came into effect this month but under the “one country, two systems” model, a mainland law needs to be inserted into Annex III of Hong Kong’s Basic Law for it to be enforced locally.
The laws in Annex III can be promulgated as they are or adapted through local legislation.
Speaking on local radio today, Hong Kong’s top official for constitutional and mainland affairs, Patrick Nip Tak-kuen, said he expected the anthem law would “soon” be inserted into the Annex, at which time drafting on a local version would begin.
In the meantime, he said the government had taken “preliminary steps” to understand how the mainland law could be adapted to fit the city’s legal system.
The official said it was unlikely the law would be applied retroactively, saying the legislation would keep in mind Hong Kong’s own legal and constitutional tradition, according to his comments reported by the SCMP.
Pro-democracy lawmaker Tanya Chan from the Civic Party told Coconuts Hong Kong that she saw no urgency for a national anthem law, and that the government’s first priority should be to consult the public about the contents of the bill.
When asked about critics who say it is not appropriate to disrespect the national anthem, she said: “Well of course if that’s the kind of emotion that people have, then the government should directly deal with it, [but] not by law, they should do it in a more proper and frank way.
“Simply by applying law and forcing people to comply with law is not the final answer to respect [the national anthem]. So I guess this is something that the government should do before the enactment of this very important piece of legislation.”
Chan said that all lawmakers can do now is ensure that any clause in an upcoming national anthem bill does not violate the Basic Law.
Hong Kong fans at two international matches in recent weeks have jeered as the anthem was played prior to kick-off.
The recent displays — before games against Malaysia and Laos — continued a trend that began amid a rise in anti-mainland sentiment in the wake of the 2014 Occupy Central movement.
The Hong Kong Football Association has twice been fined by FIFA for fans’ jeering, while the city’s chief secretary recently threatened to play international matches behind closed doors.
