• 11/13/2024

Hong Kong man found guilty of insulting Chinese anthem at volleyball game

Hong Kong Free Press

national anthem law verdict

A Hong Kong man has been found guilty of insulting the Chinese national anthem at an international volleyball game last year.

Kowloon City Magistrates' Courts
Kowloon City Magistrates’ Courts. File photo: Kelly Ho/HKFP.

Chan Pak-yui appeared at Kowloon City Magistrates’ Courts on Friday to receive his verdict after standing trial in April.

He was accused of publicly and intentionally insulting the national anthem at the Hong Kong Coliseum last June after he covered his ears when the March of the Volunteers was played before the FIVB Volleyball Women’s Nations League match on June 16, 2023. He was also said to have sung Do You Hear the People Sing, a song from musical Les Miserables that was popular during the pro-democracy protests in 2014 and 2019.

Magistrate Kestrel Lam on Friday rejected the argument put forward by the defence that Chan had autism and attention deficit hyperactivity disorder, saying that Chan had deliberately insulted the national anthem, The Witness reported.

During the trial, Chan testified that he had been triggered by his dislike of “American imperialism,” which he saw as manifested by Disney. He told the court that many of the China team’s supporters had been wearing “Disneyland clothes,” saying he had felt “besieged.”

china bulgaria volleyball
China plays against Bulgaria in a FIVB Volleyball Nations League Hong Kong game on June 16, 2023. Photo: Volleyball Nations League.

When the Chinese anthem played, he wanted to act in a way that was the “opposite” of the “Disney people,” so he sat down, covered his ears and sang another song.

Lam, however, dismissed this as a “quibble,” saying on Friday that Chan had told police he “did not like the China team.” The magistrate added that Chan had not mentioned anything about “Disney people” during an earlier interview with the police.

Regarding a line of argument raised by the defence during the trial that Chan loved China and had attended activities held by patriotic groups, Lam said Chan’s patriotism was not on trial, adding that patriotic people could also insult the anthem.

china chinese flag
A China flag. File photo: Kyle Lam/HKFP.

On the evening of the incident, China beat Bulgaria three to one in the FIVB Volleyball Nationals League.

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.

Chan, who will return to court on August 19 for mitigation and sentencing, was released on existing bail conditions ahead of the date.

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https://hongkongfp.com/2024/07/22/hong-kong-man-found-guilty-of-insulting-chinese-anthem-at-volleyball-game/