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Hong Kong man jailed for ‘insulting’ China and Hong Kong flag – JURIST

A Hong Kong court sentenced a man on Friday to 18 days in jail for “insulting” the national flag and regional flag, according to Hong Kong Free Press.The man, Yung Ching-man, was charged with one count of desecrating the Chinese national flag and one count of insulting the regional flag. Yung was arrested for damaging two flags erected on China’s National Day while he was drunk. Magistrate Frances Leung contended that his action could have caused a negative perception. She also added a personal note, saying that “the flag represents the country and the people, so for you to insult the flag is to insult yourself. That should have been a day of happy celebrations for the country, and yet this is what you did.”The charges come from the National Flag and National Emblem Ordinance and the Regional Flag and Regional Emblem Ordinance.The National Flag and National Emblem Ordinance was amended in 2021. The charge against Yung is based on the amendment for insulting the national flag by misuse. That amendment also stipulates the correct display and use of the national flag and national emblem. It was enacted by the Standing Committee of the National People’s Congress in October 2020. The amendment could not take effect in Hong Kong directly, but is put into effect by local legislation pursuant to the Hong Kong Basic Law.The Hong Kong government recently submitted additional flag-related legislation to the Legislative Council in the form of the Regional Flag and Regional Emblem (Amendment) Bill. That bill includes:a proper procedure for returning damaged regional flags,
prohibitions of misuse of regional flags,
the proper etiquette for participating in a flag-raising ceremony,
an extension of prohibitive uses including commercial uses or funeral ceremonies without prior approval.
a prosecution time limit of 1 year after the Commissioner of Police has knowledge of the crime or 2 years after the commitment of the crime, whichever is earlier.The bill also proposes that the Secretary for Education provide guidelines for the inclusion of the regional flag and regional emblem in Hong Kong schools so that students could learn the symbolic significance of the regional flag and regional emblem, regulations for displaying and using the regional flag, and the etiquette to be followed at a flag-raising ceremony. The bill would require broadcasting licensees to promote the regional flag and the regional emblem.