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Brian Wong

A Hong Kong man has been convicted of insulting the national anthem through a series of disruptive acts during the opening ceremony of an international volleyball match last year.
Kowloon City Court on Friday found Chan Pak-yui had deliberately disparaged “March of the Volunteers” before the contest between the women’s national teams of China and Bulgaria at the Coliseum in Hung Hom on June 16, 2023.
The 22-year-old Hongkonger admitted he had booed the national anthem, displayed a thumbs-down gesture, plugged his ears and chanted the chorus of “Do You Hear the People Sing”, the centrepiece of the 1987 Broadway smash hit Les Miserables, which became a Hong Kong protest song.
But the court rejected his defence that his eccentric behaviour was the result of his autism and attention-deficit hyperactivity disorder (ADHD), which he was diagnosed with at the age of six.

Magistrate Kestrel Lam Tsz-hong characterised Chan’s offence as “the ultimate affront to the national anthem” and said he had undermined China’s “significance and existence” by diverting public attention away from the song on an occasion where it was intended to be honoured.
“The national anthem was played to demonstrate the pride and praise for the country’s sovereignty, dignity, solidarity and territorial integrity. It was also a time for its subjects to express their feelings for the nation,” Lam said.
“The defendant’s acts would definitely give the impression that the national anthem of China, the symbol and sign of the nation, did not need to be honoured whatsoever, and could even be ignored.
“This definitely is a serious – and indeed the ultimate – affront to the national anthem and the country’s dignity it embodies.”
The magistrate also stressed that anyone who did not “embrace” the anthem should still act solemnly so that others wishing to express their patriotism could still hear the tune.
Chan, who has lost a chance to pursue a music degree in Australia because of the case, is the fourth person to be convicted under the 2020 National Anthem Ordinance.
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.
Chan’s conviction is also the first arising from a breach committed during a major sports event in the city.
The trial earlier this year heard the unemployed man brought a Bulgarian flag to the Coliseum on June 16 last year to show his support for the country during the women’s 2023 Volleyball Nations League.
An off-duty police chief inspector, who sat close to Chan, witnessed the latter’s disruptive acts while the crowd rose to pay tribute to “March of the Volunteers” at around 8.30pm.
Another officer who was on duty approached Chan half an hour later, but the latter was released after being questioned. He was arrested later that night after police decided the evidence was strong enough to call for his apprehension.
The accused testified that he could be easily annoyed by Disney characters and anything associated with the US entertainment giant.
He claimed pro-China spectators at the venue appeared to him to be a group of US imperialist “Disneymen” as many of them either wore Disney outfits or carried related accessories.
He said his disrespectful behaviour was directed towards the crowd but not the national anthem.
Chan also called himself a patriot and submitted as evidence a picture of him waving the national flag during a patriotic event at Victoria Park earlier that month.
But Lam rejected the defendant’s assertions and called his explanations “pure fabrication”.
The magistrate said Chan had never explained to police about his disgust at Disney products after he was arrested and interviewed.
Instead, Lam highlighted Chan’s statement in which the defendant said he had sung a different song and refused to stand up during the opening ceremony simply because he “did not like the Chinese team and the national anthem”.
The court also noted the accused had admitted in court he had taken the supposedly patriotic picture at Victoria Park “for fun”.
Lam extended Chan’s bail until sentencing on August 19, pending a report on the defendant’s background.
Insulting the national anthem is punishable by up to three years’ imprisonment.


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

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Hong Kong

Law and Crime

Court rules Chan Pak-yui disparaged March of the Volunteers at opening ceremony held at Coliseum in Hung Hom last June


Court rules Chan Pak-yui, 22, had disparaged March of the Volunteers at opening ceremony held at the Coliseum in Hung Hom last June.


Chinese national anthem

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

.css-1mniedq{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;}Court rules Chan Pak-yui disparaged March of the Volunteers at opening ceremony held at Coliseum in Hung Hom last June

Court rules Chan Pak-yui disparaged March of the Volunteers at opening ceremony held at Coliseum in Hung Hom last June