'Anthem Law Draft To Offer Debate On Key Issues'

A bill to enact local legislation banning disrespect of the national anthem will leave open to discussion controversial questions like whether schools must teach all students to sing the anthem, sources have told RTHK.

They say the draft bill – expected to be tabled to the Legislative Council later this month – will clearly stipulate when the anthem must be played, such as during National Day celebrations and events marking the anniversary of the handover.

However, key questions such as whether altering the official version of the anthem in any way will fall afoul of the law; or if the anthem must be played at all major sporting events; will be subject to further discussion, the sources say.

However, anyone who intentionally disrespects the national anthem in public will shoulder criminal liability.

The penalties will likely mirror the current National Flag and National Emblem Ordinance, which has a maximum punishment of three years' imprisonment and a fine of HK$50,000.

The government is set to begin the legislative process for the controversial law after the Legco by-elections this weekend, the sources say.

Authorities will submit a document, which will set out the general legislative direction and principles, to Legco’s constitutional affairs panel for discussion later this month. They expect the first reading to be completed before the Legco recess in July.

Former security secretary Lai Tung-kwok said he supports the enactment of the legislation as soon as possible because it's the SAR's duty to uphold national integrity.

But Lai, who's also a member of the top consultative body, the CPPCC, told reporters in Beijing that the government needs to be very careful in drafting the legislation because under the Common Law system, it must clearly spell out the circumstances in which people could find themselves in breach of the law.

His comment is echoed by DAB lawmaker Holden Chow, who's also a lawyer.

"In Hong Kong's common law principle, if people are found guilty, it must be established or proved that there is an intention to commit a crime," he said.

"If you have any sort of in-evident conduct, that would not actually cause you to bear any criminal responsibility so I have to make that very clear and I think that actually needs to be explained to the public to address their concerns", he said.