A 21-year-old man with autism has pleaded not guilty to insulting the Chinese national anthem at a volleyball game in Hong Kong between China and Bulgaria.
Chan Pak-yui, was arrested on June 16 at the Hong Kong Coliseum after booing and giving the thumbs down when March of the Volunteers was played before the FIVB Volleyball Women’s Nations League match, according to local media.
He also allegedly refused to stand while the anthem was being played, and sang another song instead.
Chan appeared before Magistrate Philip Chan at the Kowloon City Magistrates’ Courts on Thursday and pleaded not guilty to one charge of insulting the national anthem. The court accepted the prosecution’s proposal for a pre-trial review on February 1 next year.
The 21-year-old, who is currently unemployed, has been on a HK$5,000 cash bail since October, and has been punctual when reporting to a police station as part of the conditions, the court heard.
Chan’s legal representative also added that he was autistic and had attention deficit hyperactivity disorder (ADHD).
The lawyer sought a reduction in the number of times he must visit the police station weekly from three to two. Citing the defendant’s mental condition, she said fewer visits would decrease the chance of him being affected by external stimuli and thus committing acts that might be considered illegal. The court denied the request.
Anthem law
Insulting the anthem was criminalised in Hong Kong in 2020 after a controversial bill was passed following months of wrangling due to fears of curbs to free expression. Offenders risk fines of up to HK$50,000 or three years in prison.
Paula Leung, an independent journalist, last November became the first person sentenced under the anthem ordinance after pleading guilty. She was jailed for three months over waving a British flag at a shopping mall where March of the Volunteers was playing over a live stream of Hong Kong fencer Edgar Cheung’s historic Olympic success.
Hong Kong courts sentenced 27-year-old Cheng Wing-chun to three months in prison in July for replacing China’s national anthem with the protest song Glory to Hong Kong in an online video.
In June, a man with autism was sent to a rehabilitation centre after he was found guilty of desecrating the national flag and the city’s flag on National Day last year.
Wong Chun-lok, who was 19 at the time, testified that he had been triggered by the bright colour of the flags and only tore them to ease the sensation, InMedia reported.
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