As national anthem law looms, politician warns of ‘gray area,’ calls for assurances

Anyone who disrespects the Chinese national anthem may find themselves in a legal “gray area” starting Saturday, when mainland legislation that criminalizes dishonoring the song is inserted into Hong Kong’s basic law, a politician has warned.

China’s top legislature, the National People’s Congress Standing Committee (NPCSC) is expected to vote on Saturday to insert the law into Annex III of the Basic Law, Hong Kong’s mini-constitution.

Under the “One Country, Two Systems” model, Hong Kong will then draft a local version of the bill that would apply in the territory.

But speaking to RTHK, executive councillor Ronny Tong said Hong Kong authorities would have legal grounds to enforce the mainland law as soon as it was on the books.

Given this, Tong, who is also barrister, called for assurances that no one would be charged before the law was adapted locally.

“The gray area is whether or not before local legislation has been enacted, whether anybody [who] acts contrary to the national law as included under the Annex III, they will be prosecuted.”

“The earlier the government were to make it clear – that during this period before the enactment of the local legislation – there will not be any prosecution, the better it is for all sides concerned.”

The law, enacted in September by Beijing, prescribes punishments of up to 15 days detention for mocking March of the Volunteers, which has been regularly booed by some Hong Kong football fans.

The NPCSC is also considering an amendment to increase the maximum punishment under the law to three years.

Amid a rise in anti-mainland sentiment following the 2014 Umbrella Movement, football fans began booing the anthem when it was played before matches.

Football’s governing body, FIFA, fined the Hong Kong Football Association twice for the supporters’ behavior but the practice continued, even in the face of a threat by a city official to play matches in empty arenas.

It is not yet known whether the anthem law would be applied retroactively.

Speaking yesterday, Hong Kong’s Secretary for Constitutional and Mainland Affairs Patrick Nip said lawmakers and the public would be consulted before the law is enacted in Hong Kong.

According an article by the government’s Information Services Department,  Nip said it was “premature” to comment on individual provisions at this stage.