China raises penalty for disrespecting anthem, extends law to Hong Kong

中國因不敬國歌而處罰，將法律延伸至香港

Hong Kong legislators now under pressure from Beijing to determine local penalties


TAIPEI (Taiwan) – On Saturday Nov. 4 the Chinese government formally extended legal repercussions for disrespecting the Chinese national anthem to include Hong Kong. The National People's Congress passed the law for the PRC main territory on Oct.1. Now penalties for the offense will also be written into the Basic Law of both Hong Kong and Macau.

A Spokesperson for the National People's Congress Standing Committee said that the implementation of the law and determining penalties would be left up to the authorities in Hong Kong. A major question now is how the Hong Kong government will determine what penalties are suitable, and whether or not to apply the law retroactively for people who are known to have disrespected the Chinese national anthem in the past.

When the original law was passed, a penalty of 15 days imprisonment was agreed upon. However less than a month after passing the legislation, the penalty has been increased to a jail sentence of up to three years for violators in the People's Republic of China. After passing the somewhat sudden amendment with regard to the harsher sentence, it is unclear what penalties the Hong Kong government will be forced to implement.



Flags of the PRC and Hong Kong (Image: Wikimedia Commons)

The measure from the National People's Congress comes at a time when residents of Hong Kong are becoming increasingly worried over their political future and personal freedoms under the watchful eye of Beijing.

In recent years, Hong Kong football fans have been viewed mocking, jeering or booing the Chinese national anthem at international sporting events. Some suggest this is what prompted the amendment to include Hong Kong, and possibly the harsher penalties as well.

The new move from the PRC comes on the heels of the 19th National Congress of the Communist Party, and President Xi Jinping's consolidation of power and the heightening of measures to stifle dissent in the PRC. Looking forward to the Hong Kong by-elections in 2018, this may be seen as a preemptory measure to put easily enforceable penalties on the books for the demonstrations and protests that are certain to occur.

The law will not be immediately enforced, but lawmakers in Hong Kong's Legislative Council are under pressure to pass a local version of the law as soon as possible. Once the legislation is passed, it will become a prosecutable offense to remain seated or walking while the national anthem is playing. Many questions still remain about how the measure will be enforced.



Soldiers unfurl Chinese flag in Beijing Nov.1 2017 (Image: AP Photo)

The Chinese national anthem is 'The March of the Volunteers' and was adopted in 1949 after the victory of Communist forces. The song's lyrics honor soldiers that resisted Japanese forces in Northeast China.

Although the Hong Kong territory is claimed to possess a separate governing apparatus under the ostensible 'One Country, Two Systems' policy, political trends indicate that Hong Kong's legal autonomy will ultimately be subordinated to that of Beijing.