The Legislative Assembly (AL) yesterday passed a government-initiated bill amending the existing local law on the use and protection of the national flag, national emblem and national anthem.
The amendment bill “localises” the country’s National Anthem Law to be applied in Macau, following its inclusion in Annex 3 of the Macau Basic Law as one of the national laws to be implemented in the special administrative region.
The bill’s outline was passed during a plenary session of the legislature in August last year. The legislature’s 1st Standing Committee held four meetings to review the bill.
Secretary for Administration and Justice Sonia Chan Hoi Fan, Legal Affairs Bureau (DSAJ) Director Liu Dexue and Government Information Bureau (GCS) Director Victor Chan Chi Ping attended yesterday’s plenary session when the bill was voted on article-by-article in its final reading.
The amendment bill is commonly known as the local national anthem bill, as the bill primarily proposes amendments to rules concerning the national anthem listed in the existing local law on the use and protection of the national flag, national emblem and national anthem, and some additional new articles concerning the national anthem.
The bill will become law on the day following its promulgation in the Official Gazette (BO).
The country’s National Anthem Law was passed by the Standing Committee of the National People’s Congress (NPC) in Beijing on September 1, 2017 and took effect on October 1, 2017.
On November 4, 2017, the NPC Standing Committee adopted decisions to apply the National Anthem Law both in Hong Kong and Macau, the nation’s two special administrative regions. According to the decisions, the National Anthem Law was to be included in Annex 3 of the Hong Kong Basic Law and Annex 3 of the Macau Basic Law. Both annexes list the national laws, resolutions and regulations to be applied in the two autonomous regions.
According to the basic laws of Hong Kong and Macau, national laws shall not be applied in the two regions, except for those listed in Annex 3 of their respective basic laws.
Afterwards, the local government started the legislative process to draft related local legislation for the National Anthem Law to be applied in Macau – by proposing amendments to local Law No. 5/1999 which regulates the use and protection of the national flag, national emblem and national anthem. This local piece of legislation came into force on the Establishment Day of the Macau Special Administrative Region (MSAR) on December 20, 1999. Local Law No. 5/1999 states that the nation’s symbols – the national flag, national emblem and national anthem – are to be respected and protected.
Up to 3 years behind bars
According to Article 9 (1) of the existing version of local Law No. 5/1999, blatant insults or disrespect to a national symbol (the national flag, national emblem and national anthem) are punishable by a fine or up to three years’ imprisonment. According to Article 9 (2.2), the act of maliciously not following the score or modifying the lyrics when playing the national anthem constitutes disrespect to a national symbol.
Among the various amendments, the bill states that when the national anthem is performed and sung, those present shall stand and deport themselves respectfully, and must not disrespect the national anthem.
Flanked by Government Information Bureau (GCS) Director Victor Chan Chi Ping (left) and Legal Affairs Bureau (DSAJ) Director Liu Dexue (right), Secretary for Administration and Justice Sonia Chan Hoi Fan addresses yesterday’s plenary session in the legislature’s hemicycle. Photo: GCS
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