Anthem promotes patriotism

The National People's Congress Standing Committee on Saturday passed the proposal to apply the new National Anthem Law in Hong Kong by incorporating it into Annex III of the Hong Kong Basic Law. Anybody who supports "one country, two systems" will not oppose this new law, because it is enacted in accordance with the national Constitution with a view to defending the dignity of the national anthem, enhances citizens' consciousness of the nation and promotes the spirit of patriotism. It is a basic requirement for every citizen to respect, understand and be able to sing the national anthem.

The actual implementation in the special administrative region of the new law requires the process of local legislation in order to take into consideration legal and social differences between Hong Kong and the mainland. The move is nothing unusual as the National Flag Law and National Emblem Law have been introduced to the SAR in a similar manner, resulting in enactment of the National Flag and National Emblem Ordinance without any controversy.

Yet to the opposition camp, which has always tried to fan sentiment against the central government in the SAR, introduction of the National Anthem Law seems to offer a good chance to escape the unfavorable political situation they are now in - or so they thought.

There is no doubt they will spare no filibustering efforts in blocking the local legislation process in the legislative chamber. But they know they can only delay the process; they cannot prevent it from happening due to the NPCSC's decision and the fact that respecting a country's national anthem is a universal value. They are, therefore, playing another game - spreading the claim in society that the law is so vague it simply cannot be implemented. Their lawyers are racking their brains to come up with situations in which such a law could not be effectively implemented.

As Secretary for Justice Rimsky Yuen Kwok-keung has already pointed out, no laws could encompass each and every possible occasion that would relate to it. No lawmaker could foresee all the possible outcomes when a new piece of legislation is put into practice. As is always the case with the common law, which is practiced in Hong Kong, the court will decide what is a reasonable interpretation of the law under the given circumstances and precedents. This is done in such a way as to give flesh and blood to the law itself.

The opposition tactics have not achieved anything so far. An official with the Hong Kong Football Association has revealed that, in support of the National Anthem Law, the organization is mulling over the idea of keeping track of spectators booing the national anthem before international matches. Society knows very well the National Anthem Law issue is not one of freedom of expression or human rights. It is a matter of national dignity. Those who insult the national anthem actually insult Hong Kong, the country, and ultimately themselves.

(HK Edition 11/07/2017 page7)