The Situation in Hong Kong: The SAR Government Passes the National Anthem Bill (國歌條例草案) Reinforcing the Architecture of Two Systems WITHIN One Country

Hong Kong passes law to criminalise insult of Chinese national anthem

The situation in Hong Kong is in part driven by gesture. Gesture, in turn is not merely an act, but its timing as well. Two events of note may be understood for their importance both as gesture and as important elements of the nationalization of the Hong Kong SAR within the "One Country, Two Systems" principle.

The first, highly symbolic, was the determination, under cover of COVID-19, to cancel the traditional vigil (discussed in The Situation in Hong Kong: The New Era Begins With the National Security Law and the Cancellation of the Tiananmen Vigil) traditionally held on 4 June.

The second was the approval on 3 June 2020 of the National Anthem Bill. "The law was passed with 41 votes for and one against. Those who were able to vote were largely from the pro-Beijing camp, as pro-democracy lawmakers were taking part in a noisy last-minute protest that meant they could not vote. “A murderous state stinks for ever,” they shouted." (Hong Kong protesters hold banned Tiananmen vigil as anthem law is passed).

During deliberations, Elizabeth Quat of the pro-Beijing DAB party said democrats should not be a public servant if they do not wish to respect the national anthem: “If lawmakers oppose the national anthem bill, they are violating basic political ethics.” Democratic Party lawmaker Wu Chi-wai said the public were concerned about arbitrary prosecution over the law: “Are we going to see more and more draconian laws and harsher penalties?” he asked. “We used to have more tolerance and respect for the government.
* * *
At around 12:50 pm, democrats Eddie Chu and Ray Chan charged towards Leung holding protest placards reading “Murderous states stinks for eternity,” and a container of foul-smelling liquid was dropped on the floor.
The meeting was adjourned for several hours whilst police and fire service department personnel carried out an on-site investigation.
* * *Upon resumption in a separate room, Leung pressed on with the final vote without allowing remaining lawmakers to speak.
Ted Hui from the Democratic Party subsequently marched forward and spilt liquid on the floor before being removed by security. (Hong Kong passes law to criminalise insult of Chinese national anthem)

This post considers the passage of the National Anthem Bill (the text of which follows below)  in the context of the transformation of Hong Kong as an international City, and the premises around which "One Country, Two Systems" will be interpreted going forward to its conclusion in 2047.

The National Anthem Bill runs 23 pages (and follows in full below). The bill consists of 6 parts, a Preamble, and three schedules.

The Preamble is simple and direct--the national anthem as a symbol of the singular state, gives rise to both positive and negative obligations.  The positive obligations are to sign the Anthem at appropriate occasions as directed now by statute. The negative obligations are to avoid acts of disrespect against the symbol that will now be taken as disrespect for the state. 

Part 1 provides basic definitions of key terms, defining concepts such as “national anthem” and “national flag”.

Part 2 focuses on the playing and singing of the national anthem. It details anthem etiquette, and specifies the occasions when it is to be played. Lastly it imposes a principle of dignity"  respecting both playing and singing.

Part 3 specifies the offenses for breaching the responsibilities set out in Part 2. It prohibits citizens from using the national anthem in certain settings, such as for commercial purposes, at private funerals, or as background music. It also bans citizens from insulting the national anthem in any way, such as altering its lyrics or singing it in a distorted way. Part 3 §7(2) provides the overarching offense: "A person commits an offence if the person publicly and intentionally insults the national anthem in any way." Part 3 §8 defines "insult ( 侮 辱 ), in relation to the national anthem, means to undermine the dignity of the national anthem as a symbol and sign of the People’s Republic of China." Provision is made for distinguishing the words and sounds of the Anthem from similar word grouoings and sounds. 

Part 4 concerns the promotion of the national anthem. It directs that primary and secondary educations must incorporate the national anthem in their curriculum, including its singing, history and the etiquette regarding it. It also requires all sound and television broadcasters to play the national anthem when requested by the Communication Authority.

Part 5 provides the basis for treating the Hong Kong version of the National Anthem Law differently from the one otherwise applicable to the rest of the nation. It states that in case of inconsistencies between this ordinance and the Law of the People’s Republic of China on National Anthem adopted by the NPC, this ordinance should be applied.

Part 6 contains consequential amendments to other ordinances, for example adding passages regarding the use of national anthem to the Trade Marks Ordinance.

Schedule 1 sets out the lyrics and score of the national anthem in a stave notation.

Schedule 2 sets out the lyrics and score of the national anthem in a numbered musical notation.

Schedule 3 sets out the occasions on which the national anthem must be played and sung under clause 5.

The National Anthem Bill (國歌條例草案) is a comprehensive regulatory system for the observance of the primary gestures of sovereignty, order, and fidelity to the nation, and it follows, to the political-economic model under which it is organized. Its symbolic importance cannot be underestimated.  It is passed within a context in which the Anthem itself has been a source of political challenge in Hong Kong especially after 2014 and the beginning of the last phase (in retrospect) of the internationalist movement in Hong Kong. "The anthem has been booed at football matches, where soccer fans have at times sang “Glory to Hong Kong”, a song that has become a rallying cry for the democracy movement in the city. " (Hong Kong passes China national anthem bill amid protests by democracy lawmakers). The anti-anthem protests appear to have arisen in the shadow of heightened feelings that emerged during the 2014 Umbrella Movement and the battle over the nature of representative government within the SAR. The anti-anthem protests appear to have arisen among heightened feelings that emerged during the 2014 Umbrella Movement and the battle over the nature of representative government within the SAR. It became visible during the 2015 World Cup Campaign. 

Mr Sutcliffe [Hong Kong Football Association Chief Executive] traces the surge in tension to June, when the Chinese Football Association (CFA) issued a promotional poster ahead of the qualifier against Hong Kong. The poster shows images of three players and warns: "This team has players with black skin, yellow skin and white skin. Best to be on guard against such a multi-layered team!" Unsurprisingly, some Hong Kong fans derided the poster as racist. Following the controversy, the booing began during a qualifier against Bhutan, and continued until last weekend's friendly with Myanmar. Mr Sutcliffe believes it is the first time Fifa has fined a team for booing its own anthem, and he believes the booing will happen again. "We've been requesting that fans respect the anthem. That they behave, generally," he says. "But at the end of the day, it's very difficult when you have a crowd of 6,000 people, and there is an element in that crowd that wants to voice their opinion. It's very difficult to stop them."

The regulation is not unusual as to type, but its timing and its scope tends to emphasize the transformation of the understanding of Hong Kong within the organization of the Chinese State. More importantly, it is a strong gesture directed to the international community that Hong Kong's character as an international city has fundamentally changed. That change now produces a quite different manifestation of Hong Kong's global position. Hong Kong has now begun decisively to develop away from an identity marked by the autonomy of its political and civil model (and guaranteed by international instruments), to one marked by its position on China's Silk Roads as a purveyor of economic and financial services within the greater Pearl River City complex (and guaranteed by the Chinese constitutional order). To keep the Silk Road free of danger, that requires protection against the three evils of separatism, extremism, and terrorism, which has been an object of the Shanghai Cooperation Organization and the security arm of the Belt and Road Initiative (China’s war on the “Three Evil Forces”).

What does One Country, Two Systems mean in this context?  It means principally that Hong Kong must be subject to national objectives, national priorities, and be faithful to core national principles that further the integrity of the state, and its political-economic model.  Beneath that, local variation (substantial from the perspective fo the Central Authorities--and thus the Two Systems part of the principle) is permitted to takle local context into account, in this case including the common law traditions and organization of Hong Kong along with local culture. Sensitivity to this was already apparent in the 2018 version of the National Anthem Bill that included a chart showing the differences between the Mainland and the SAR versions of the Bill (here; "Our legislative principle is to maintain the purpose and intent of the National Anthem Law to fully reflect its spirit and to preserve the dignity of the national anthem, so that our citizens would respect the national anthem, whilst taking into account our common law system and the actual circumstances in Hong Kong." ¶5 2018 Legislative Bill).

These transformations continue to meet local resistance. That resistance crystallizes the old and now receding conceptualization of Hong Kong as an international city; the protestors use brilliantly the language of a conceptualization of Hong Kong, and the internationalist foundations of its law, based on the primacy of civil and political rights.

The bill is seen as an encroachment by Beijing on Hong Kong’s unique freedoms, like freedom of speech. “It is a restriction on personal liberties, freedom of expression,” Au Nok-hin, who served as a legislator from 2018 to 2019, tells TIME. Past moves by Chinese authorities perceived to be quashing freedoms have sparked huge demonstrations in Hong Kong. Thousands of protesters turned out on Sunday to march against a national security law, which China’s top lawmaking body announced last week it plans to implement for Hong Kong. Maya Wang, a China senior researcher at the rights group Human Rights Watch says the national anthem bill would be a “grim development” for Hong Kong.  “Looking at this law and the upcoming national security legislation, there is an unmistakable trend towards the end of Hong Kong as a place where people can speak without fear,” she says. “It is a step towards greater and more comprehensive restrictions on freedom of expression that tracks with the trend overall in the rest of mainland China.”(Hong Kong’s National Anthem Bill Is Sparking Renewed Protests. Here’s What to Know).

For some, the cancellation of the vigil and the passage of the National Anthem Bill are closely inter-related. "Thousands of people have defied a police ban in Hong Kong to mourn the victims of the Tiananmen Square massacre, after the city’s legislature passed a law criminalising the mockery of China’s national anthem." (Hong Kong protesters hold banned Tiananmen vigil as anthem law is passed). And local resistance is not always suppressed, even after a year of sometimes quite violent street action. "

Thousands flooded Hong Kong’s Victoria Park on Thursday night for the annual candlelight vigil to mark the anniversary of the 1989 Tiananmen Square crackdown, defying a ban on the mass gathering imposed by the police for the first time on health protection grounds. . . . Police, who had warned they had thousands of riot officers ready and would enforce anti-coronavirus rules limiting groups to a maximum of eight people each, stood back as the crowds poured into the park in Causeway Bay and took up a couple of soccer pitches. (Tiananmen vigil in Hong Kong draws thousands despite coronavirus-related ban).

There may also meet continued international reaction. One of the most intriguing is the Inter-Parliamentary Alliance on China (IPAC) (Lawmakers Form Global Coalition to Tackle the China 'Challenge') an informal multilateral effort beneath the formal layers of government but deeply embedded within it. But it is likely that unless it plays a collateral role in the de-coupling of the Chinese and American post global trade empires, or plays into the domestic politics of Europe, there is little that will be done other than, as the UK (and Taiwan) indicated, will be the taking in of refugees.

Formal passage of the national anthem and national security laws will further strain relations with the US. Donald Trump has threatened to revoke economic and trading privileges Hong Kong enjoys on the basis that its wide-ranging autonomy has been undermined by Beijing. Mike Pompeo, the US secretary of state, on Wednesday met four former student leaders of the 1989 Beijing protests and asked how the US could “help China move towards democracy”, according to Wang Dan, a Tiananmen activist. Mr Wang has previously been barred from entering Hong Kong. (Hong Kong defies ban to mark Tiananmen Square crackdown)

And that brings the global order back full circle to a post-global age whose characteristics sometimes mimic that of a time when global integration was viewed with a certain amount of terror.In the meantime, Western academics will continue to interpret the Sino-British Joint Declaration, perhaps in the hope that if they study it hard enough, the parties will be convinced that it is something worth considering going forward.

National Anthem Bill Contents

Clause                                                                                                Page

Part 1 Preliminary

1.                    Short title........................................................................... C13

2.                    Interpretation...................................................................... C13

Part 2

Playing and Singing of National Anthem

3.                    Standard for  playing and singing.......................................... C15

4.                    Etiquette for  playing and singing.......................................... C15

5.                    Occasions on which national anthem must be played and

sung................................................................................... C15

Part 3

Protection of National Anthem

6.                    Offence of  misuse of national anthem................................... C19

7.                    Offence of insulting behaviour.............................................. C21

8.                    Music, words or score to be regarded as national anthem,

or its lyrics or its score......................................................... C23

Part 4

Promotion of National Anthem

9.                    Inclusion in primary and  secondary education....................... C27

Clause                                                                                                Page

10.                  Inclusion in sound broadcasting and domestic  television programme services      C27

Part 5 Supplementary Provisions

11.                  Application of  laws  of Hong Kong....................................... C31

Part 6 Consequential Amendments

Division 1—Enactments Amended

12.                  Enactments amended........................................................... C33

Division 2—Amendments to Trade Marks Ordinance (Cap. 559)

13.                  Section 11  amended  (absolute  grounds  for  refusal  of registration)      C33

Division 3—Amendment to Legislation Publication Ordinance (Cap. 614)

14.                  Section 4 amended (contents  of database).............................. C35 Schedule 1              Stave  Notation  of National Anthem        C37

Schedule 2        Numbered Musical Notation of   National Anthem.......... C39

Schedule 3        Occasions on which National Anthem must be

Played and Sung......................................................... C41

A BILL

To

Provide for the playing and singing of the national anthem, for the protection of the national anthem, and for the promotion of the national anthem, in Hong Kong; and for incidental matters.

Preamble

WHEREAS—

(1)   the national anthem of the People’s  Republic of  China is  a symbol and sign of the People’s Republic of China;

(2)   all individuals and organizations should respect the national anthem, preserve the dignity of the national anthem, and play and sing the national anthem on appropriate occasions; and

(3)   an Ordinance is to be enacted to preserve the dignity of the national anthem, to regulate the playing and singing, the broadcast and the use of the national anthem, to enhance citizen awareness of the People’s Republic of China, and to promote patriotism:

NOW, THEREFORE, it is enacted by  the Legislative Council  as follows—

1.              Short title

Part 1 Preliminary

This Ordinance may be cited as the National Anthem  Ordinance.

2.              Interpretation

(1)             In this Ordinance—

national anthem ( 國 歌 ) means “March of the Volunteers” (a translation of《義勇軍進行曲》), the national anthem of

the People’s Republic of China under the Constitution of the People’s Republic of China;

national flag ( 國 旗 ) has the same meaning as in the National Flag and National Emblem Ordinance (116 of 1997).

(2)             In this Ordinance, a reference to the lyrics,  and the score,  of the national anthem is a reference to—

(a)      the lyrics, and the score, set out in the stave notation of the national anthem in Schedule 1; or

(b)      the lyrics, and the score, set out in the numbered musical notation of the national anthem in Schedule  2.

(3)             In this Ordinance, except in section 5, a reference to playing and singing the national anthem includes—

(a)      singing the national anthem;

(b)      playing the national anthem on musical instruments; and

(c)      playing a recording of the national anthem.

Part 2

Playing and Singing of National Anthem

3.              Standard for playing and singing

The national anthem must be played and sung in a way  that is   in keeping with its dignity.

4.              Etiquette for playing and singing

(1)             This section applies in relation to an occasion on which   the national anthem is played and sung.

(2)             While the national anthem is being played and sung, the etiquette to be followed  by  the persons who take part in   or attend the occasion is—

(a)      to stand solemnly and deport themselves  with  dignity; and

(b)      to not behave in a way disrespectful to the national anthem.

5.              Occasions on which national anthem must be played and sung

(1)             On each occasion set out in Schedule 3, the national anthem must be played and sung.

(2)             The Chief Executive in Council may, by notice published  in the Gazette, amend Schedule 3.

(3)             In this section, a reference to the national anthem being played and sung is a reference to the national anthem  being played on musical instruments in accordance with the standard score, or an official recording of the national anthem being played, for the singing of the national anthem.

(4)             In this section—

official recording (官方錄音), in relation to the national anthem, means a recording of the national  anthem  provided  for the purposes of this section on a website of the

Government;

standard score (標準曲譜), in relation to the national anthem, means a score of the national anthem provided for the purposes of this section on a website of the Government.

Part 3

Protection of National Anthem

6.              Offence of misuse of national anthem

(1)             The national anthem, or the lyrics or score of the national anthem, must not be used—

(a)      in a trade mark or commercial advertisement;

(b)      at a private funeral event; or

(c)      on an occasion, at a place, or for  a  purpose, prescribed under subsection (5).

(2)             The national anthem must not be used as background music in a public place.

(3)             A person commits an offence if the person, without reasonable excuse, uses the national anthem, or the lyrics or score of the national anthem, in contravention of subsection (1) or (2).

(4)             A person who commits an offence under subsection (3) is liable on conviction—

(a)      for a contravention of subsection (1)(a)—to a fine at level 5; or

(b)      otherwise—to a fine at level 2.

(5)             The Chief Executive in Council may, by notice published  in the Gazette, prescribe an occasion,  place  or  purpose, for the purposes of subsection (1)(c).

(6)             In this section—

public place (公眾場所) means a place to which the public or a section of the public may or are permitted to have access from time to time, whether by payment or otherwise.

7.              Offence of insulting behaviour

(1)             A person commits an offence if, with intent to insult the national anthem, the person publicly and intentionally—

(a)      alters the lyrics or score of the national anthem; or

(b)      plays and sings the national anthem in a distorted or disrespectful way.

(2)             A person commits an offence if the person publicly and intentionally insults the national anthem in any way.

(3)             A person commits an offence if, with intent to insult the national anthem, the person intentionally publishes—

(a)      altered lyrics or an altered score of the national anthem; or

(b)      the national anthem played and sung in a distorted    or disrespectful way.

(4)             A person commits an offence if, with intent to insult the national anthem, the person intentionally publishes the insulting in any way of the national anthem.

(5)             Except as provided under subsection (3) or (4), a person does not commit an offence under this section by publishing—

(a)      altered lyrics or an altered score of the national anthem;

(b)      the national anthem played and sung in a distorted    or disrespectful way; or

(c)      the insulting in any way of the national anthem.

(6)             A person who commits an offence under this section is liable on conviction to a fine at level 5 and  to  imprisonment for 3 years.

(7)             Proceedings may only be commenced for an offence under this section before whichever is the earlier of the following—

(a)      the end of the period of 1 year after the  date  on which the offence is discovered by, or comes to the notice of, the Commissioner of Police;

(b)      the end of the period of 2 years after the date on which the offence is committed.

(8)             In this section—

insult ( 侮 辱 ), in relation to the national anthem, means to undermine the dignity of the national anthem as a symbol and sign of the People’s Republic of China;

publish (發布) includes—

(a)      to communicate to the public in any form, including speaking, writing, printing, displaying notices, broadcasting, screening and playing of tapes or other recorded material; and

(b)      to distribute, disseminate or make available to the public.

8.              Music, words or score to be regarded as national anthem, or its lyrics or its score

For the purposes of this Part—

(a)      a piece of music (whether or not including words intended to be sung or spoken with the music) is to   be regarded as the national anthem if the piece of music so closely resembles the national anthem as to lead to the reasonable belief that the piece of  music  is the national anthem or a part of the national anthem;

(b)      words (whether or not in writing) are to be regarded  as the lyrics of the national anthem if the words so closely resemble the lyrics of the national anthem as to lead to the reasonable belief that the words are the lyrics of the national anthem or a part of the lyrics; and

(c)      a score is to be regarded as the score of the national anthem if the score so closely resembles the score of the national anthem as to lead to the  reasonable  belief that the score is the score of the national  anthem or a part of the  score  of  the  national  anthem.

Part 4

Promotion of National Anthem

9.              Inclusion in primary and secondary education

(1)             The Secretary for Education must give directions for the inclusion of the national anthem  in  primary  education  and in secondary education—

(a)      to enable the students to learn to sing the national anthem; and

(b)      to educate the students—

(i)   on the history and spirit of the national anthem; and

(ii)   on the etiquette for playing and singing the national anthem.

(2)             In this section—

primary education (小學教育) has the meaning given by section 3(1) of the Education Ordinance (Cap. 279);

secondary education (中學教育) has the meaning given by section 3(1) of the Education Ordinance (Cap. 279).

10.           Inclusion in sound broadcasting and domestic television programme services

(1)             This section applies if, under the terms and conditions of    a broadcasting licence, the licensee may be required by a determination or direction of the Communications Authority to broadcast announcements in the public interest, or to include material in the public interest, in the licensed service.

(2)             By a determination or direction that has been made in relation to the broadcasting licence, the licensee may be required to broadcast the national anthem by an announcement in the public interest, or material in the public interest, in the licensed service.

(3)             The Communications Authority must make a determination or direction in relation to the broadcasting licence, requiring the licensee to broadcast the national anthem by an announcement in the public interest, or material in the public interest, in the licensed service on each date that is or may be stipulated under subsection (4).

(4)             The Chief Executive may stipulate a date for the purposes of subsection (3).

(5)             A stipulation under subsection (4)—

(a)      must be published in the Gazette as soon as practicable after it is made; and

(b)      is not subsidiary legislation.

(6)             In this section—

broadcasting licence (廣播牌照) means—

(a)      a licence granted under section 13C(2) of the Telecommunications Ordinance (Cap. 106), or such a licence renewed under section 13E(2) of that Ordinance; or

(b)      a licence granted under sections 8(1) and 10(1) of the Broadcasting Ordinance (Cap. 562), or such a licence extended or renewed under section 11(1) of that Ordinance;

Communications Authority (通訊事務管理局) means the Communications Authority established by section 3 of the Communications Authority Ordinance (Cap. 616).

Part 5 Supplementary Provisions

11.           Application of laws of Hong Kong

(1)             Offences in relation to the national anthem in Hong Kong are investigated, and persons are prosecuted, according to the laws of Hong Kong.

(2)             If there are inconsistencies between this  Ordinance  and the National Anthem Law, this Ordinance is to be interpreted and applied as a special application or adaptation of the National Anthem Law.

(3)             In this section—

National Anthem  Law  (《國歌法》)  means the  Law of the People’s Republic of China on National Anthem, adopted at the 29th Meeting of the Standing Committee of the

Twelfth National People’s Congress on 1 September 2017.

Part 6 Consequential Amendments

Division 1—Enactments Amended

12.           Enactments amended

The enactments specified in Divisions 2 and 3 are amended as set out in those Divisions.

Division 2—Amendments to Trade Marks Ordinance (Cap.

559)

13.           Section 11 amended (absolute grounds for refusal of registration)

(1)             After section 11(6)(a)—

Add

“(ab)    the national anthem;”.

(2)             Section 11(9), Chinese text, definition of 國旗 and 國徽—

Repeal the full stop Substitute a semicolon.

(3)             Section 11(9)—

Add in alphabetical order

“national anthem ( 國 歌 ) means the national anthem and its lyrics and score within the meaning of the

National    Anthem  Ordinance   (          of    2019) as extended by section 8 of that Ordinance;”.

Clause 14

Division 3—Amendment to Legislation Publication Ordinance (Cap. 614)

14.           Section 4 amended (contents of database)

After section 4(1)(a)(v)—

Add

C35

“(vi)    the National Anthem  Ordinance (          of 2019);”.

Schedule 1

Stave Notation of National Anthem

C37

[s. 2]

Schedule 2

C39

[s. 2]

Numbered Musical Notation of National Anthem

Schedule 3

C41

[s. 5]

Occasions on which National Anthem must be Played and Sung

1.              Oath-taking Ceremony—

(a)      for taking the Oath of the Chief Executive under section 16A of the Oaths and Declarations Ordinance (Cap. 11);

(b)      for taking the Oath of the Principal Officials under section 16B of that Ordinance;

(c)      for taking the Judicial Oath under section 17 of that Ordinance;

(d)      for taking the Oath of Fidelity and the Executive Council Oath under section 18 of that Ordinance; or

(e)      for  taking the Legislative Council Oath under section 19  of that Ordinance

2.              A national flag raising ceremony, including—

(a)      Flag Raising Ceremony held by the Government at Golden Bauhinia Square;

(b)      Flag Raising Ceremony held by the Government to celebrate the Anniversary of the Founding of the People’s Republic of China; and

(c)      Flag Raising Ceremony held by the Government to celebrate the Anniversary of the Establishment of the  Hong Kong Special Administrative Region of the People’s Republic of China

C43

3.              National Day Reception held by the Government to celebrate  the Anniversary of the Founding of the People’s Republic of China

4.              Reception held by the Government to  celebrate  the  Anniversary of the Establishment of the Hong Kong Special Administrative Region of the People’s Republic of China

5.              Ceremony held by the Government to  commemorate  the victory day of Chinese people’s war of resistance against Japanese aggression

6.              Ceremony held by the Government to  commemorate  those who died in the defence of Hong Kong

7.              Ceremony held by the Government on Nanjing Massacre National Memorial Day

8.              A major sporting event held by the Government

9.              Ceremonial Opening of the Legal Year

Explanatory Memorandum

The objects of this Bill are to provide—

(a)      for the playing and singing of the national anthem;

(b)      for the protection of the national anthem;

(c)      for the promotion of the national anthem; and

(d)      for incidental matters.

2.              The preamble sets out certain information to provide a context in which to understand the Bill. The Law of the People’s Republic of China on National Anthem is listed in Annex III to the Basic Law. The Bill is to implement the Law of the People’s Republic of China on National Anthem in Hong Kong.

Part 1—Preliminary (Clauses 1 and 2)

3.              Clause 1 sets out the short title.

4.              Clause 2 contains the definitions of national anthem and national flag. It also explains the meaning of a reference to the lyrics, and the score, of the national anthem, and a reference to

playing and singing the national anthem.

Part 2—Playing and Singing of National Anthem (Clauses 3 to 5)

5.              Clause 3 provides for the standard for playing and singing the national anthem.

6.              Clause 4 provides for the etiquette to be followed by the  persons who take part in or attend an occasion while the  national anthem is being played and sung.

7.              Clause 5 provides for the playing and singing of the national anthem on each occasion set out in Schedule 3.

Part 3—Protection of National Anthem (Clauses 6 to 8)

8.              Clause 6 prohibits misuse of the national anthem or its lyrics or score. A contravention of the prohibition is an offence.

9.              Clause 7 prohibits a person from publicly and intentionally altering the lyrics or score of the national anthem, and from so playing and singing the national anthem in a distorted or disrespectful way, with intent to insult the  national  anthem. This clause also prohibits a person from publicly and intentionally insulting the national anthem in  any way.  It  further prohibits a person from intentionally publishing the altered lyrics or score, intentionally publishing the national anthem played and sung in a distorted or disrespectful way, or intentionally publishing the insulting in any way of the national anthem, with intent to insult the national anthem. Clause 7(8)

contains the definitions of insult and publish for the purposes

of  the prohibitions. A contravention of  any  of  the prohibitions

is an offence.

10.           Clause 8 provides that a piece of music, words or a score is to  be regarded as the national anthem or its lyrics or score for the purposes of Part 3 if the piece of music, words or score so closely resembles the national anthem or its lyrics or score as to lead to the reasonable belief that the piece of music, words or score is the national anthem or its lyrics or score, or part of the national anthem or its lyrics or score.

Part 4—Promotion of National Anthem (Clauses 9 and 10)

11.           Clause 9 requires the Secretary for Education to give directions for the inclusion of the national anthem in primary education and in secondary education.

12.           Clause 10 applies if, under the terms and conditions of a sound broadcasting licence or domestic television licence, the licensee may be required by a determination or direction of the Communications Authority to broadcast announcements in the public interest, or to include material in the public interest, in  the licensed service. By a determination or direction that has been made in relation to the licence, the licensee may be required to broadcast the national anthem by an announcement or material in the public interest in the licensed service. Moreover, the Communications Authority must make a determination or direction in relation to the licence, requiring the licensee to broadcast the national anthem by an announcement or material in the public interest in the licensed service on each date that is or may be stipulated by the Chief Executive.

Part 5—Supplementary Provisions (Clause 11)

13.           Clause 11 provides that offences in relation to the national anthem in Hong Kong are investigated, and persons are prosecuted, according to the laws of Hong Kong. This clause also provides that if there are inconsistencies between the Ordinance and the Law of the People’s Republic of China on National Anthem, the Ordinance is to be interpreted  and  applied as a special application or adaption of that Law.

Part 6—Consequential Amendments

14.           Clauses 13 and 14 contain consequential amendments.

Schedules

15.           Schedule 1 sets out the lyrics and score of the national anthem in a stave notation.

16.           Schedule 2 sets out the lyrics and score of the national anthem in a numbered musical notation.

17.       Schedule 3 sets out the occasions on which the national anthem must be played and sung under clause 5