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Hong Kong must strengthen laws against disrespecting Chinese flag as Beijing does the same, National People's Congress politicians in the city say

Hong Kong will be required to strengthen its existing laws against disrespecting the Chinese flag as Beijing is set to widen the scope of its own national legislation covering the offence, according to two senior pro-establishment politicians.

Tam Yiu-chung, the city's sole representative to the National People's Congress Standing Committee (NPCSC), revealed on Sunday that China's top legislative body had discussed draft amendments to the National Flag and National Emblem Law at its four-day meeting that started over the weekend.

"Last year there have been acts of mutilating or trampling on the national flag," Tam said, referring to the anti-government unrest triggered last summer by the now-withdrawn extradition bill.

"While such acts have already been covered by the current Hong Kong ordinance, the scope of the regulation has been widened [under the proposed amendments to the national law]."

According to Tam, displaying the national flag upside down or diminishing its dignity in other ways would be banned under Beijing's amendments, while members of the public would also be prohibited from discarding the flags casually after attending public events and be required to salute to the flag.

People and organisations using the flag online would also be required to follow the regulation, said Brave Chan Yung, a deputy to the National People's Congress who also observed the meeting.

Tam said Hong Kong would be required to make its own corresponding amendments if the proposed changes were endorsed by the NPCSC.

Ahead of the city's 1997 handover, the provisional legislative council of Hong Kong passed local legislation of the National Flag and National Emblem Ordinance, a national law included in Annex 3 of the Basic Law, the city's mini-constitution.

It stipulates that a person who desecrates the national flag or national emblem by publicly and wilfully burning, mutilating, scrawling on, defiling or trampling on it commits an offence punishable by a fine of HK$50,000 (US$6,400) and three years in jail.

Legislator Cheng Chung-tai was fined over his flag stunt in Legco in 2016. Photo: K. Y. Cheng alt=Legislator Cheng Chung-tai was fined over his flag stunt in Legco in 2016. Photo: K. Y. Cheng

In 2017, localist lawmaker Cheng Chung-tai, of Civic Passion, fell foul of the legislation by turning mini replica Chinese and city flags upside down in the Legislative Council a year earlier and was fined HK$5,000.

Meanwhile, Tam also said the NPCSC was scrutinising a proposal to allow Hong Kong's solicitors and barristers to practise in nine cities in the Greater Bay Area after passing their mainland China exams. They can handle civil and commercial cases in those cities during the three-year trial period.

Both proposals are expected to be passed on Tuesday when the four-day session ends.

This article originally appeared on the South China Morning Post (SCMP).

Copyright (c) 2020. South China Morning Post Publishers Ltd. All rights reserved.

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