NGO Human Rights Watch has slammed the “absurdity” of a law that could see Hongkongers jailed for three years for disrespecting China’s national anthem, calling the “vague ban” a threat to the free expression in the city.
In a statement yesterday, the rights group said the bill was unjustified and its vagueness would be open to abuse.
“If enacted, the bill will penalize anyone who “performs or sings” the anthem “in a distorted or derogatory manner,” or “publicly and wilfully alters the lyrics or the score,” HRW said.
“But what would constitute an “insult” to the song? Unnamed government sources say it will depend on the person’s “intent,” encouraging political interpretations by the authorities.”
Already enacted in mainland China, the law was inserted into Annex 3 of Hong Kong’s Basic Law by China’s legislature in November last year, meaning the city must introduce a localised version.
Details of the adapted law were unveiled on Friday, when the government submitted the necessary legal framework to Legco for “advice”. Lawmakers will meet to discuss the proposal on March 23.
Mirroring the national law, the suggestions proposed on Friday would make “insulting or distorting” March of the Volunteers punishable by a maximum fine of HK$50,000 and three years in prison.
The bill would have a particularly noticeable impact on Hong Kong football fans, some of whom have for years booed the anthem amid concerns that Hong Kong’s liberties are under threat.
Fans have also previously turned their backs and displayed HongKong independence banners during matches as some activists call for the city to split with the mainland, a notion that infuriates Beijing.
Hong Kong chief executive Carrie Lam has said the law would seek to punish those who deliberately disrespect the song and people would not have to worry about “accidentally” running afoul of the provisions, according to the SCMP.
HRW said international human rights law allows restrictions on speech to protect national security or public order, but only when absolutely necessary, and strictly in proportion to the relevant risks.
It said the suggestions put forward by the government last week did not fall under that criteria while confusion of which behaviour might constitute an offence served to highlight the “absurdity of the bill”.
They accused Lam of failing to acknowledge citizens’ concerns about forcing their political loyalty to Beijing, or how mainland authorities’ frequently jail people for peaceful criticism.
“Enacting this law will merely remind Hong Kong people just how tenuous their rights to free speech are,” the group said.
With AFP
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