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New law will give authorities two years to prosecute anyone in Hong Kong who insults Chinese national anthem – and doing so could land you in jail for three

  • Extended time limit necessary says government, as it points to difficulties in investigating cases at sporting events
  • Bill to be presented to Legislative Council on January 23, but doubt remains whether it will pass before July recess

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Police will have two years to investigate contraventions of the anthem law. Photo: David Wong

Hong Kong’s government on Wednesday unveiled a controversial bill to criminalise abuse of China’s national anthem, which would include giving police up to two years to investigate offenders and also requiring students to sing and study the song at school.

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The bill, to be presented to the Legislative Council on January 23, holds up March of the Volunteers as the symbol of China in Hong Kong and introduces a maximum fine of HK$50,000 (US$6,410) and three years in prison as penalties for publicly and intentionally insulting the anthem, whether through the use of its lyrics or score.

“The main spirit of the National Anthem Bill is respect, a behaviour which is natural, easily understood and not hard to display. As such, the bill will not affect the daily life of the general public,” Secretary for Constitutional and Mainland Affairs Patrick Nip Tak-kuen said.

Patrick Nip said the main spirit of the bill is respect. Photo: K.Y. Cheng
Patrick Nip said the main spirit of the bill is respect. Photo: K.Y. Cheng

“Nonetheless, for those with an intent to insult the national anthem, and publicly and intentionally perform acts to insult the national anthem, there is a need to introduce punitive provisions in the bill with a view to deterring such behaviours.”

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The bill provides for authorities to take up to two years to prosecute offenders, as opposed to the prosecution time limit of six months for other crimes under the Magistrates Ordinance.

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