Hong Kong sees first conviction for insulting national anthem in Olympics medal video song switch

Hong Kong saw on Wednesday the first conviction for 'insulting the Chinese national anthem' as a photographer was found guilty of replacing the anthem with the protest song “Glory to Hong Kong” in a video of star fencer Edgar Cheung Ka-long being awarded the Olympic gold medal. 

The 27-year-old defendant Cheng Wing-chun was charged with insulting the national anthem and faced an alternate charge of desecrating the regional flag. Cheng had earlier pleaded not guilty to both charges.

Delivering the verdict in the Eastern Court, magistrate Winnie Wat Lai-man noted that Cheng replaced only the anthem with the protest song and didn’t do any editing to the clapping and the narrative. 

She believed Cheng’s edit targeted the national anthem and that Cheng definitely didn’t commit the crime in innocence. She added that Cheng kept the video on YouTube despite comments that the creator had broken the law. 

The judge also agreed with the prosecution that only the national anthem should be played at an Olympics award ceremony, representing the honor of the country and the athletes. 

Wat referred to a witness’s testimony that Cheng’s video was initially available for all web users. Cheng then changed it into a private video that could only be viewed through a specific web link. 

In mitigation, the defense argued that Cheng, to a certain extent, only muted the national anthem and didn’t change the lyrics into foul language. 

The defense added that the protest song appeared in 2019, and Cheng’s video was made in 2021, saying that his work wouldn’t draw sensitive or drastic response from society. 

Wat then refuted that Cheng’s video had about 100,000 views and hundreds of comments, indicating a continuum. Cheng also knowingly damaged the symbol and dignity of the national anthem, Wat said. 

Wat adjourned the case to July 20 for sentencing, awaiting a background report for Cheng. 

Cheng was remanded in custody, and Wat reminded him that it was very likely that his penalty would be immediate imprisonment.