China amends law criminalising 'insult' to national flag and emblem, applies to Hong Kong

On October 16, China amended its National Flag and National Emblem Law that criminalizes the insult and derogation against the Chinese flag and its emblem, extending it to the autonomous region of Hong Kong. China’s decision comes after thousands in anti-Beijing protests were seen defying the Chinese flag and disrespecting China's national anthem. According to sources of Associated Press, the new law will take effect on January 1, 2021, and will ban burning, mutilating, displaying flag upside down, defacing, and trampling of the Chinese flag or emblem, making it a criminal offense.

The government in China imposed the amendment to the national flag law to the offices in Hong Kong and Macao. This came after authorities in Hong Kong arrested three protesters after they trampled the Chinese flag. At least one pro-democratic activist was sentenced to nine months in prison after he was detained for burning the Chinese flag and the Hong Kong flag in two separate protests. Condemning the desecration of the Chinese flag, officials in Hong Kong had renewed efforts to push the amendments to the controversial National Anthem Law which makes insulting the Chinese national anthem a crime.

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Added under Annex III

China’s top legislative body – the Standing Committee of the National People’s Congress (NPCSC) in 2017, increased punishment of police detention for 15 days for disrespecting the Chinese anthem to a maximum sentence of three years, further paving the way to national flag law. Hong Kong’s renewed calls came after the spectators disrespected the Chinese emblems and anthem at a World Cup qualifier, according to China’s state news agency Xinhua. 

Officials submitted the bill for amendments to National Flag and National Emblem Law at a bi-monthly session of parliament's standing committee to make investigating and heavily criminalizing those that slandered Chia’s flag by rule, of law. In order for the law to apply to Hing Kong, China’s NPCSC had earlier inserted anthem law to Annex III of the Basic Law in Hong Kong’s mini-constitution. While Basic Law Article 18 prohibits Chinese national laws to be applied in Hong Kong,  Annex III exempts defense and foreign affairs Chinese laws from being legally forced on the territory, according to Hong Kong free press. 

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