HongKonger abandons appeal against conviction, sentence for insulting China’s national anthem at volleyball game
Hong Kong Free Press
A Hong Kong man has dropped a bid to appeal against his conviction and eight-week jail term for insulting the Chinese national anthem at an international volleyball game last year.
The High Court heard on Thursday morning that Chan Pak-yui, who was sentenced in mid-August, would not be pursuing his appeal. The decision came after Chan and his family had “reviewed various factors in detail,” barrister Steven Kwan told Judge Judianna Barnes.
Chan had been released on bail pending appeal in August, considering his prison term was relatively short. Kwan said on Thursday that Chan understood that giving up on the appeal meant that he must be imprisoned immediately. He also understood the consequences of his decision, the lawyer said.
The judge turned to Chan, who was standing in the dock, to confirm that he was dropping the appeal. The defendant nodded and said: “Understood.”
Chan, who was 21 at the time of the offence, was said to have covered his ears and remained seated when March of the Volunteers was played before a FIVB Volleyball Women’s Nations League match on June 16, 2023. He also sang Do You Hear the People Sing? a song from the musical Les Miserables that was popular during the pro-democracy protests in 2014 and 2019.
Chan had pleaded not guilty to the charge and stood trial in April. Magistrate Kestrel Lam found him guilty in July after rejecting his defence that he had autism and attention deficit hyperactivity disorder. Lam ruled that the defendant had deliberately insulted the national anthem, saying he had told the police under caution that he “disliked” the Chinese team and the Chinese anthem.
In handing down a jail sentence for Chan, Lam said the anthem carried symbolic significance and represented the dignity and territorial integrity of China. Its dignity must be comprehensively protected , the magistrate said.
Hong Kong passed a law that criminalised insulting March of the Volunteers in 2020. It regulates the use of the national anthem and sets standards of behaviour when it is played.
Offenders risk fines of up to HK$50,000 or three years in prison. Chan, however, faced a maximum jail term of two years as his case was heard in a magistrates’ court.
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