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Brian Wong

A Hong Kong man has been jailed for nearly two months for insulting the national anthem during the opening ceremony of an international volleyball match last year.
Chan Pak-yui returned to Kowloon City Court on Monday to be sentenced for a series of disruptive acts while “March of the Volunteers” played before a women’s Volleyball Nations League match at the Coliseum in Hung Hom on June 16, 2023.
The 22-year-old was not required to serve his time immediately as the court opted to extend his bail to allow him to lodge an appeal.
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.

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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Hong Kong courts

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

Kowloon City Court has opted to extend the defendant’s bail to allow him to lodge an appeal. Photo: SCMP

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

Hong Kong man, 22, convicted of insulting national anthem before volleyball match

Defendant Chan Pak-yui (masked) is escorted by supporters as he leaves Kowloon City Court on Friday. Photo: Handout

Chan Pak-yui booed as the anthem played at the opening ceremony of the Volleyball Nations League game in June of last year. Photo: Yik Yeung-man

Some Hong Kong pupils singing national anthem too softly, school inspectors say

School inspectors now also look at national education during their reviews. Photo: Jonathan Wong

3 bailed after Hong Kong World Cup qualifier arrests for allegedly insulting national anthem

Supporters cheer on the city’s team against Iran at the World Cup qualifier at Hong Kong Stadium. Photo: Sam Tsang

News

Hong Kong

Law and Crime

Chan Pak-yui sentenced for disruptive acts while ‘March of the Volunteers’ played ahead of women’s Volleyball Nations League match last year


Chan Pak-yui sentenced for disruptive acts while ‘March of the Volunteers’ played ahead of women’s Volleyball Nations League match last year.


Chinese national anthem