Govt to gazette amended flag bill

August 11, 2021

The Government today said the National Flag & National Emblem (Amendment) Bill 2021 will be gazetted on August 13 and introduced into the Legislative Council for first and second readings on August 18.

 

The bill aims to make clear the requirements in respect of the use of the national flag and national emblem, including the etiquette to be followed in a flag-raising ceremony and the recovery mechanism.

 

Its other goal is to clarify the provisions relating to desecration offences and provide for education on and promotion of the national flag and national emblem.

 

On October 17, 2020, the 13th National People’s Congress Standing Committee (NPCSC) endorsed the amendments to the National Flag Law and National Emblem Law which came into force on January 1 this year.

 

Through the enactment of the National Flag & National Emblem Ordinance in July 1997, both national laws had been applied locally by legislation.

 

In light of the recent amendments to the two national laws by the NPCSC, the Hong Kong Special Administrative Region has the constitutional responsibility to implement the two amended national laws locally.

 

The Government stated that it proposes to implement both amended national laws in Hong Kong by amending the ordinance instead of by promulgation. Such an approach is consistent with the “one country, two systems” principle, it explained.

 

The bill’s legislative principle is to reflect the provisions, principles and spirit of the amended national flag and emblem laws whilst taking into account the common law system and actual circumstances in Hong Kong.

 

Other principles include safeguarding the proper use and preserving the dignity of the national flag and national emblem, which are the symbols and signs of the country, so as to promote respect for the national flag and national emblem, enhance a sense of national identity among citizens and promote patriotism.

 

The Government noted that members of the LegCo Panel on Constitutional Affairs had expressed support for the proposed direction of the amendments to the ordinance during a consultation in February this year.

 

It added that it will fully complement the council’s work in scrutinising the bill to strive for its early passage.

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