Anthem law officially proposed for MSAR

President Xi Jinping (center) sings with Hong Kong Chief Executive Leung Chun-ying (left) Chief Executive-elect Carrie Lam (right) at a ceremony marking the 20th anniversary of Hong Kong’s handover to China

China’s National People’s Congress (NPC) Standing Committee has officially proposed to list the anthem law into Annex III of Macau and Hong Kong’s Basic Law, according to a report by Oriental Daily News.

On Monday, the NPC Standing Committee continued its review of the draft law of the national anthem for its second sitting. The committee suggested bringing the proposal to the committee’s next meeting and possible final sitting in October.

Currently under the draft law, those who mock the national anthem could be sentenced to up to 15 days in jail. It is thought that the law deliberately precedes Xi Jinping’s next leadership bid at the 19th National Congress of the Communist Party of China this autumn, as a show of patriotism.

The NPC’s legal affairs division explained that the anthem law needs to be listed in the Basic Law after it becomes established in mainland China. Moreover, both the SAR’s governments should be responsible for announcing and implementing the law.

Several scholars and pro-Beijing commentators in Hong Kong considered that the SAR should establish local regulations regarding the anthem law, in addition to setting up punishment articles which would better suit Hong Kong, to avoid unnecessary disputes.

The official proposition follows widespread expectation in Macau after Sonia Chan, Macau’s Secretary for Administration and Justice, said in June: “I think that if a national anthem law is proposed in the future, then it is mandatory that it be implemented in Macau as a national law.”

Annex III of Macau’s Basic Law details the relevant national laws of the People’s Republic of China to be applied in the MSAR, including matters relating to the national anthem, the national flag and nationality law.

Chinese authorities are highly sensitive to any perceived slight against the country’s integrity.

Mocking national symbols of China – which can include referring to them insincerely or showing them at inappropriate times, events or in an unofficial manner – can be considered a criminal offence in Macau.

In July this year, the Judiciary Police confirmed it was investigating the case of several netizens who photoshopped the national flag upside-down onto photographs of Macau and shared the images on social media. The netizens were responding to a mistake in the hoisting of the national flag at the Outer Harbor Ferry Terminal by a staff member of the Macau Customs Service. DB/JZ

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