November 6, 2017
The Great Hall of the People in Beijing. “Deliberately distorting the lyrics or music” of the national anthem could yield extended time behind bars.
Roman Pilipey/European Pressphoto Agency
BEIJING — A mere month after China put in force a law threatening up to 15 days of detention for disrespecting its national anthem, lawmakers have decided that the punishment was far from enough — by almost three years.
Members of China’s Communist Party-controlled legislature, the National People’s Congress, on Saturday approved an amendment to another law that could mean prison terms of up three years for people who gravely insult the anthem in public.
Offenders could face imprisonment for “deliberately distorting the lyrics or music of the national anthem of the People’s Republic of China, singing the national anthem in a distorted or derogatory fashion, or insulting the national anthem in other ways,” said the amendment to the criminal law, which already set punishments for insulting the national flag and emblem.
The swift change to the law was made with none of the fierce public debate about free speech and patriotic duty that erupted in the United States after football players knelt in dissent when “The Star-Spangled Banner” was played. Such discussion would be nearly unthinkable in China, where the party squashes dissent and most people would object to such protests during the anthem, called “March of the Volunteers”
The lawmakers took the step even though there seem to be few, if any, cases of people protesting in China by reworking the national anthem. But the move reflects the deepening demands for patriotic devotion that have been encouraged by Xi Jinping, the president and party leader who has made the “Chinese Dream” his signature political theme.
“Using the rule of law to defend the dignity of the national anthem is a civilized step forward and also reflects a social consensus,” Xinhua, the state-run news agency, said in an editorial before the amendment passed. “Defended by rule of law, the melody of the anthem will be even more spirited and vigorous.”
“March of the Volunteers” was adopted as China’s anthem in 1949, based on lyrics by a poet, Tian Han, celebrating soldiers who fought Japanese forces invading northeast China.
“Arise, we who refuse to be slaves,” go the opening words. “With our very flesh and blood, let us build our new Great Wall!”
But in Hong Kong, the former British colony, China’s latest efforts to instill reverence for the anthem may be met with vigorous protest.
As well as approving the change to China’s criminal law, the People’s Congress passed a decision demanding that Hong Kong adopt the National Anthem Law, the earlier legislation providing 15 days of detention. The song has become a focus of protest in Hong Kong, where free speech enjoys much broader protections.
Many residents there object to China’s deepening economic and political presence in the semiautonomous city, especially Beijing’s refusal to allow Hong Kong a democratic vote for its top official, the chief executive. When the Chinese anthem is played before soccer matches, spectators in Hong Kong have booed and catcalled in anger.
But the Chinese legislature’s decision does not automatically apply to Hong Kong, which has some legal autonomy under the Basic Law that governs its relations with Beijing. Hong Kong’s chief executive, Carrie Lam, and members of the city’s Legislative Council must decide how to respond to the demand from Beijing.
The Hong Kong government said it would “carefully consider the views of the public and members of the Legislative Council.”
The change to the Basic Law imposes a legal obligation on Hong Kong to enact legislation making it an offense to show disrespect for the national anthem. But the action by Beijing does not prescribe the penalty for that offense in Hong Kong; that must be decided by the Hong Kong legislature.
Democratic lawmakers in the city have not decided yet if they will oppose legislation on the anthem, as much will depend on the details of what would constitute criminal disrespect, said James To, a pro-democracy member of the Hong Kong council.
If any Hong Kong legislation applies only to people at flag-raisings during events like China’s National Day, lawmakers would be less likely to object, he said. But if the proposed legislation was sweeping, democratic lawmakers could try to use their numbers to stymie it, Mr. To said.
“If the national anthem is played on the television, should I drop my knife and fork and stand up?” Mr. To asked.
