Colonial flag-waver at mall Olympic airing gets three months in jail

A volunteer online reporter has been sentenced to three months in jail for waving the colonial-era flag at a Kwun Tong mall in July last year during the Olympic gold medal ceremony of fencer Edgar Cheung Ka-long when the national anthem was being played.

It marks the first conviction and imprisonment under the National Anthem Ordinance, which came into effect in June 2020.

Paula Leung Yan-ling, 42, of Freeman Express, yesterday pleaded guilty to insulting the national anthem by waving the colonial-era flag at APM on July 26 last year.

In sentencing, acting principal magistrate Amy Chan Wai-mun at Kwun Tong Magistrates' Courts said Leung committed the crime at the mall where many people were gathered and her behavior could have led to violent incidents among people with different political opinions.

It was just a fluke, Chan added, that violence did not occur that day.

She added that Leung prepared the flag in advance, suggesting she had a plan to insult the national anthem.

The court heard that more than 1,000 people gathered at the mall to watch the ceremony at around 9pm.

While the national anthem was being played, Leung waved a colonial-era flag and used it to cover her head.

Some people booed her behavior and shouted "We are Hong Kong" while some called police.

Leung presented her press pass to mall staff and was arrested on July 30.

According to an expert report from Lingnan University history professor Lau Chi-pang, the colonia-era flag is a connection between Hong Kong and the United Kingdom and had not been used since the handover in 1997. Waving the flag is an insult to the national anthem, Lau said in the report presented at the hearing.

In mitigation, the defense said Leung has autism and a low IQ, adding that she studied at a special needs school.

Leung lost her job as a security guard before committing the crime and had to live on disability allowance. She worked as a volunteer reporter at the online news outlet, the defense said. It added that Leung did not encourage others to break the law and she is remorseful and understands she must express her opinions lawfully.

However, Chan said she would not impose a lenient sentence since Leung did not suffer from illness, but had a different mental and physical condition compared to other people.

wallis.wang@singtaonewscorp.com