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Two years to investigate abuse against China’s national anthem under proposed Hong Kong law is too much time, top lawyers say

  • Time limit should be shortened to within a year of when offence took place, according to criminal lawyer
  • Constitutional and Mainland Affairs Bureau says the bill has the right balance

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Veteran criminal lawyer Stephen Hung doubted the two-year period was really necessary. Photo: Dickson Lee
Giving law enforcers two years to investigate abuses of the national anthem under a proposed law is too much time, according to two top criminal lawyers.
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Former deputy director of public prosecutions John Reading and veteran criminal lawyer Stephen Hung Wan-shun were responding to the bill the government unveiled on Wednesday which seeks to criminalise any public abuse of March of the Volunteers.

Under the bill, the authorities would have up to two years from the time of the incident to decide whether to lay charges against offenders.

Anyone abusing the national anthem faces a maximum three years in jail under the proposed law. Photo: Robert Ng
Anyone abusing the national anthem faces a maximum three years in jail under the proposed law. Photo: Robert Ng

If alleged wrongdoing came to light at a later date but the timing of it was unclear, police could also lay charges within one year of the discovery.

Prosecutors typically are required to press charges for offences heard by magistrates’ courts within six months, while there is no time limit for more serious crimes, such as the public nuisances charges Occupy leaders are facing or bribery related offences.

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