A Hong Kong university student has been sentenced to 180 hours of community service for insulting the national anthem during a World Cup qualifier football match last year.
Lau Pun-hei, 19, was given a non-custodial sentence on Wednesday at Eastern Magistrates’ Courts.
Magistrate Kestrel Lam noted the second-year Chinese University of Hong Kong student was a “young and promising” person who had taken good care of his family and friends.
“The defendant is a hardworking and aspiring youngster who is very concerned about the well-being of those around him,” the magistrate said in Cantonese, citing letters written by the student’s family, teachers, and peers at a university debate team.
Lam said Lau’s case was less serious compared with other similar cases, as it did not involve incitement and the student’s disrespectful conduct against the national anthem only lasted around a minute.
However, insulting the national anthem – a symbol representing China’s “dignity, unity, and sovereignty” – is still considered a serious offence, Lam also said, adding that the sentence must reflect the gravity of the crime.
He said he would not consider a probation order, describing Lau as a “thoughtful” person who may not require counselling. Persons under a probation order in Hong Kong are required to be supervised and to receive counselling services from a probation officer.
The magistrate also rejected the defence’s plea for a community service order of no more than 160 hours, as that may affect Lau’s academic life and his commitment to extra-curricular activities.
The defendant would have to shoulder responsibility for his conduct and make time for the 180 hours of community service, Lam added.
Lau was convicted last month after pleading not guilty to the offence. The 19-year-old was charged after he turned his back to the football pitch during a World Cup qualifier match between Hong Kong and Iran in June last year, as the Chinese national anthem, “March of the Volunteers,” was being played before kickoff.
Hong Kong passed the National Anthem Ordinance in 2020, which criminalises “insulting behaviour” towards the anthem. Under the law, one must “stand solemnly” and “not behave in a way disrespectful to the national anthem.”
Offenders may be punished by up to three years in prison and a fine of HK$50,000.
