Published: 01:59, May 13, 2020 | Updated: 02:44, June 6, 2023
Experts urge opp to allow passage of National Anthem Bill
By China Daily

HONG KONG — Legal and political experts on Tuesday urged opposition lawmakers to stop filibustering and allow the National Anthem Bill to be passed soon.

The appeal came after the government expressed its intentions to resume the second reading of the National Anthem Bill at the Legislative Council meeting on May 27.

In a written reply to the media, the government revealed Erick Tsang Kwok-wai, newly appointed secretary for constitutional and mainland affairs, on Tuesday has notified the LegCo Secretariat of this decision.

The National Anthem Law is a national law that can be applied in Hong Kong as it has been written into Annex III of the Basic Law 

Priscilla Leung Mei-fun, 

lawmaker and barrister

Chief Secretary for Administration Matthew Cheung Kin-chung also wrote to LegCo House Committee Chairperson Starry Lee Wai-king on the same day and told her the plan to resume the second readings of 10 government-proposed bills on May 27 — including the National Anthem Bill.

Lee has approved proceeding with the relevant proposals on May 27 and giving priority to the National Anthem Bill and the Trade Marks (Amendment) Bill — as the government suggested.

A Constitutional and Mainland Affairs Bureau spokesman, in a written statement, refuted some lawmakers’ allegations that the bill was “draconian” and that it “restricted freedom of speech”.

It would not constitute an offense to express an opinion as long as this is not expressed publicly with the intention of insulting the national anthem, the spokesperson explained.

The bill must go through three readings in LegCo to be passed into law.

The National Anthem Bill proposed by the special administrative region government stipulates that people who publicly and intentionally insult the Chinese national anthem, March of the Volunteers, may face a maximum fine of HK$50,000 ($6,451) and three years in prison.

Lawmaker and barrister Priscilla Leung Mei-fun said the National Anthem Law is a national law that can be applied in Hong Kong as it has been written into Annex III of the Basic Law.

She said the law being applied through local legislation was more appropriate to the city’s cultural and political background. But the central government might issue an order applying the law to the SAR in accordance with Article 18 of the Basic Law if the bill is not passed in LegCo, added Leung.

Article 18 of the Basic Law stipulates that the laws listed in Annex III shall be applied locally by way of promulgation or legislation by the SAR.

Leung appealed to opposition lawmakers not to obstruct passage of the bill by filibustering or creating chaos at council meetings. 

In recent years, some Hong Kong independence or localism activists defied the national anthem in public with the intention of insulting the country, noted Lau Siu-kai, vice-president of the Chinese Association of Hong Kong and Macao Studies. 

He said the government has a duty to implement the National Anthem Law to prevent acts that undermine national interests.