Hongkonger faces jail over 'insult' to Chinese national anthem

A Hong Kong man charged with insulting the Chinese national anthem at a volleyball match sang the pro-democracy songDo You Hear the People Sing while the anthem was being played, a court has heard.

Kowloon City Magistrates' Courts. File photo: Hans Tse/HKFP.
Kowloon City Magistrates’ Courts. File photo: Hans Tse/HKFP.

Chan Pak-yui, 21, appeared at Kowloon City Magistrates’ Courts on Wednesday for the first day of his trial after pleading not guilty to the offence in December. He is accused of publicly and intentionally insulting the national anthem at the Hong Kong Coliseum on June 16 last year, when China played Bulgaria in the FIVB Volleyball Nations League Hong Kong match.

The prosecution displayed a video in court filmed by an off-duty chief inspector surnamed Cheng, who was watching the game, The Witness reported. It showed Chan sitting down while the anthem was played and covering his ears. He also sang Do You Hear the People Sing, a song from musical Les Miserablesthat was popular during the pro-democracy protests in 2014 and 2019.

‘Does not like the China team’

At the start of the trial, barrister Steven Kwan said Chan has autism and ADHD.

Kan said while being questioned by Kwan that he did not think Chan acted differently from other people, and that he did not observe him talking to himself.

chinese national anthem march of the volunteers
A music score for the Chinese national anthem. Photo: GovHK.

Kwan also questioned Kan’s written notes made during the initial investigation in which he said Chan had told him at the Hong Kong Coliseum that he “does not like the China team.” Kwan said Chan had actually said he “does not support the China team.”

Kan disagreed, saying that Chan had used both of those phrases. He added that he had only made rough notes at the time, and did not write details word for word.

Hong Kong passed a law that criminalised insulting the March of the Volunteers, the Chinese national anthem, in 2020. The law regulates the use of the national anthem and sets out standards of behaviour when it is played.

Offenders risk fines of up to HK$50,000 or three years in prison. Chan, however, faces a maximum jail term of two years as his case is being heard in a magistrates’ court.

The trial continued on Thursday. Chan is expected to personally testify.