The Legislative Council (LegCo) of China's Hong Kong Special Administrative Region (HKSAR) is voting on the National Anthem Bill on Thursday, a move that may eventually end the one-and-a-half-year legislative process.

Efforts to push for the legislation began at the beginning of 2019 when the HKSAR government submitted the bill to LegCo, but the process was later postponed due to the prolonged social unrest in Hong Kong last June and was not resumed until May 28.

Here's all you need to know about the bill and why it matters.

What is the National Anthem Bill?

The bill, proposed by the Legislative Council (LegCo) of China's Hong Kong Special Administrative Region (HKSAR), made stipulations on the playing and singing of China's national anthem "March of the Volunteers."

It specifies "the standard, etiquette and occasion" for using the national anthem, and criminalizes insulting or misusing the national anthem, with persons who commit an offense facing a potential fine of 50,000 Hong Kong dollars (approximately 6,450 U.S. dollars) and up to three years in jail.

In the section of "Promotion of National Anthem," the bill requires "inclusion of the national anthem in primary and secondary education" and orders students to learn to sing the national anthem as well as the history, spirit and etiquette of it.

From a legal perspective, the bill is a local implementation of the National Anthem Law – a legislation that came into force in the Chinese mainland on October 1, 2017, and was soon added to Annex III to the HKSAR Basic Law by the Standing Committee of the 12th National People's Congress (NPC), the country's top legislature, in November the same year.

"The legislative principle of the Bill is to fully reflect the purpose and intent of the National Anthem Law," said LegCo in a statement released on the day the bill was gazetted.

Following Article 18(2) of the Basic Law, the HKSAR government bears the responsibility to apply locally the national laws listed in Annex III to the Basic Law by way of promulgation or legislation by the HKSAR.

Given the common law system and actual circumstances in Hong Kong, the SAR government proposed to implement the National Anthem Law in the HKSAR by local legislation, which is also consistent with the "One Country, Two Systems" principle.

Read more:

Full text of the National Anthem Bill

China to punish acts disrespecting national anthem

Why is it necessary?

LegCo gave further explanation by saying the bill is to "preserve the dignity of the national anthem and promote respect for the national anthem."

The problem of lacking respect for the national anthem and national identity as the whole was exposed during the prolonged social unrest in Hong Kong last year as radical protesters smeared the national emblem, tore down the national flag and insulted the national anthem in their disruptive activities.

The proposed bill, according to the statement, would "lead people to respect the national anthem" as it is the symbol and sign of the People's Republic of China, to "enhance citizen awareness of the People's Republic of China and to promote patriotism," which seems particularly necessary considering all the radical moves made by protesters.

Regarding concerns that the bill may affect Hong Kong's unique status as a special administrative region and encroach freedom of speech, a government spokesperson clarified earlier this year, stressing the main spirit of the bill is "respect," which bears "absolutely no relations to 'restricting freedom of speech.'"

Chief Secretary for Administration of the HKSAR government Matthew Cheung stressed that Hong Kong, as an inalienable part of China, bears constitutional responsibility for enacting the related law to the national anthem as required by Article 18 of the Basic Law.

Before, China's National Flag Law and National Emblem Law were included in Annex III to the Basic Law in 1997. The National Flag and National Emblem Ordinance of the HKSAR took effect on July 1, 1997.

Laws and protocols on national anthems worldwide

In fact, introducing laws or protocols to protect a country's national anthem is not a patent for China and China is also not the only country that has punishment for any offense committed to the national anthem.

Singapore enacted specific laws to preserve the dignity of its national anthem, which not only order people to "stand as a mark of respect," but also penalize any person "not performing or singing the anthem according to the official arrangement."

In Malaysia, police can arrest without a warrant any person that knowingly shows disrespect toward the anthem in public places.

While in Germany, the criminal code includes a section on "defamation of the state and its symbols" which states that "whoever publicly … insults the colors, flag, coat of arms or the anthem of the Federal Republic of Germany or one of its states shall be liable to imprisonment not exceeding three years or a fine."

The UK and Australia have protocols that guide people's behavior when the national anthem is played and sung.

The U.S. etiquette code also sets a code on "patriotic customs" which suggests "all people present should face the flag and stand at attention with their right hand over the heart" when the national anthem is played and the flag is displayed.