Hong Kong man jailed for 8 weeks over insulting national anthem at volleyball match

Magistrate Kestrel Lam Tsz-hong highlighted Chan’s lack of genuine remorse in refusing his lawyers’ suggestions to accept a fine or a suspended sentence.

He said the accused only had himself to blame for skipping medications for autism and attention deficit hyperactivity disorder shortly before committing the offence.

“The defendant, knowing from past experience that his condition would worsen if he failed to take medications on time, decided to stop medications, even though he was prescribed higher dosages just two days before he went to the Coliseum alone to watch the large-scale national [volleyball] match,” the magistrate said.

“This is clearly a situation where the defendant is responsible for his own plight.”

Lam referred to a 2020 precedent, which concerned desecration of the national flag, and said the court must give “full protection” to the national anthem to safeguard the country’s legitimate interest in preserving the foundation of Hong Kong’s constitutional order.

He also cited former chief justice Andrew Li Kwok-nang, who said in another national flag case in 1999 that the protection of the country’s symbol had an important role to play in the implementation of the city’s “one country, two systems” governing principle.

The magistrate sentenced Chan to eight weeks imprisonment after knocking off a week in light of the defendant’s psychiatric condition.

Chan admitted to booing the national anthem, displaying a thumbs-down gesture, plugging his ears and chanting the chorus of “Do You Hear the People Sing”, the centrepiece of the 1987 Broadway smash hit Les Misérables and later became a Hong Kong protest song.

But he maintained his disrespectful behaviour was directed towards the pro-China crowd, as he supported its opponent Bulgaria and was annoyed by the spectators’ attire, which featured Disney characters.

Defence counsel Steven Kwan Man-wai said before sentencing that the present case concerned the country’s dignity and did not involve a national security risk.

The incident took place as Hong Kong hosted games for the Volleyball Nations League last year. Photo: Elson Li

He urged the court to consider the positive impact a non-custodial sentence would have on his client, who was hoping to turn a new page.

“The court simply should not make an example of a mentally disabled person,” he said.

Chan is the fourth person to be convicted under the 2020 National Anthem Ordinance, and the first to be held liable for a breach committed during a major sports event in the city.

The law requires people to “stand solemnly and deport themselves with dignity” on any occasion where the national anthem is played, and penalises misuse of the song and insulting conduct.

Offenders can face up to three years’ imprisonment and a HK$50,000 (US$6,400) fine.

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Гонконг Происшествия и Катастрофы

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