Cap. A602

An Ordinance to provide for the use and protection of the regional flag and regional emblem, for the promotion of the regional flag and regional emblem and for incidental matters. (Amended 30 of 2023 s. 3)[1 July 1997](Format changes—E.R. 1 of 2017)____________________Editorial Note:This instrument was not given a chapter number under the Legislation Publication Ordinance (Cap. 614). An unofficial reference number, however, is assigned to this instrument in Hong Kong e-Legislation (https://www.elegislation.gov.hk) for identification purpose. This also enables users to carry out a search by reference to the unofficial reference number.Preamble WHEREAS—(1) the regional flag and regional emblem of the Hong Kong Special Administrative Region are a symbol and sign of the Hong Kong Special Administrative Region;(2) all individuals and organizations should respect and cherish the regional flag and regional emblem, and use the regional flag and its design on appropriate occasions; and(3) this Ordinance is enacted to preserve the dignity of the regional flag and regional emblem, and to regulate the use of the regional flag and regional emblem:(Added 30 of 2023 s. 4) 1. Short title (1) This Ordinance may be cited as the Regional Flag and Regional Emblem Ordinance.(2) (Omitted as spent—E.R. 1 of 2017) 2. Interpretation (1) In this Ordinance, unless the context otherwise requires—national emblem (國徽) has the meaning given by section 2(1) of the National Flag and National Emblem Ordinance (116 of 1997); (Added 30 of 2023 s. 5)national flag (國旗) has the meaning given by section 2(1) of the National Flag and National Emblem Ordinance (116 of 1997); (Added 30 of 2023 s. 5)regional emblem (區徽) means the regional emblem of the Hong Kong Special Administrative Region endorsed at the Fourth Plenum of the Preparatory Committee of the Hong Kong Special Administrative Region on 10 August 1996;regional flag (區旗) means the regional flag of the Hong Kong Special Administrative Region endorsed at the Fourth Plenum of the Preparatory Committee of the Hong Kong Special Administrative Region on 10 August 1996;specifications (規格) means the relevant specifications for the regional flag or the regional emblem set out in Schedules 1 and 2.(2) The specifications for the regional flag are set out in Schedule 1.(3) The specifications for the regional emblem are set out in Schedule 2. 3. Use of regional flag and regional emblem etc. (Amended 30 of 2023 s. 6)(1) The Chief Executive may stipulate the organizations which must display or use the regional flag and the regional emblem, and the other places at which, the occasions on which, the manner in which and the conditions under which, the regional flag and the regional emblem must be displayed or used. The Chief Executive may also authorize, restrict or prohibit the display or use of the regional flag, the regional emblem or their designs in the stipulation. (Amended 30 of 2023 s. 6)(2) (Repealed 30 of 2023 s. 6)(2A) The Chief Executive may stipulate the organizations that must use the design of the regional emblem in a prominent position on the home page of their websites. (Added 30 of 2023 s. 6)(2B) The Chief Executive may make stipulations in relation to the recovery and disposal of regional flags and regional emblems. (Added 30 of 2023 s. 6)(3) Schedule 4 specifies— (Amended 30 of 2023 s. 6)(a) the conditions under which the regional flag is flown at half staff;(b) the priority of the national flag when displayed with the regional flag;(c) the priority of the national emblem when hung with the regional emblem; and(d) the raising and lowering of the regional flag. (Amended 30 of 2023 s. 6) 4. Regional flag and regional emblem not to be used inappropriately etc. (Amended 30 of 2023 s. 7)(1) A regional flag or regional emblem which is damaged, defiled, faded or substandard must not be displayed or used. (Amended 30 of 2023 s. 7)(2) A regional flag or a regional emblem must not be displayed upside down, and must not be displayed or used in any way that undermines the dignity of the regional flag or the regional emblem. (Added 30 of 2023 s. 7)(3) A regional flag or a regional emblem must not be discarded at will. (Added 30 of 2023 s. 7)(4) A regional flag or a regional emblem that is damaged, defiled, faded or substandard must be recovered or disposed of in the manner stipulated by the Chief Executive. (Added 30 of 2023 s. 7)(5) After an event in which regional flags or regional emblems are used, the organizer must, in the manner stipulated by the Chief Executive, recover or dispose of the regional flags or regional emblems used on the site of the event. (Added 30 of 2023 s. 7) 4A. Etiquette for taking part in or attending ceremony in which regional flag is raised For any ceremony in which the regional flag is raised, when the regional flag is being raised, the etiquette to be followed by the persons who take part in or attend the ceremony is—(a) to stand solemnly facing the regional flag;(b) to look at the regional flag with respectful attention or to salute the regional flag in an appropriate manner (as the case requires); and(c) to not behave in a way that undermines the dignity of the regional flag.(Added 30 of 2023 s. 8) 5. Manufacture of regional flag and regional emblem regulated (1) The regional flag must be manufactured in accordance with the specifications set out in Schedule 1.(2) The regional emblem must be manufactured in accordance with the specifications set out in Schedule 2.(3) If a person manufactures a regional flag or regional emblem other than in accordance with this section, the Secretary of Justice may apply to the District Court—(a) for an injunction to prohibit the manufacture of the flag or emblem that does not meet the specifications; and(b) for an order of forfeiture of the flag, emblem and other materials used in the manufacture of the flag or emblem.(4) If the District Court is satisfied that the application is well founded, it may grant the injunction and order that the flag, emblem and other materials used in the manufacture of the flag or emblem be forfeited to the Government. 6. Prohibition on certain uses of the regional flag and regional emblem (1) The regional flag, the regional emblem or their designs must not be displayed or used in—(a) trademarks, registered designs or commercial advertisements; or (Replaced 30 of 2023 s. 10)(b) other occasions on which or places at which the display or use of the regional flag or regional emblem or their designs is restricted or prohibited under a stipulation made by the Chief Executive.(1A) Except with the prior approval of the Chief Executive, the regional flag, the regional emblem or their designs must not be displayed or used in funeral activities. (Added 30 of 2023 s. 10)(2) A person who without lawful authority or reasonable excuse displays or uses the regional flag, regional emblem or the design of the regional flag or regional emblem contrary to subsection (1) or (1A) commits an offence and is liable on summary conviction— (Amended 30 of 2023 s. 10)(a) for an offence against subsection (1)(a), to a fine at level 5; and(b) for an offence against subsection (1)(b) or (1A), to a fine at level 2. (Amended 30 of 2023 s. 10)(3) In this section—registered design (註冊外觀設計) has the meaning given by section 2(1) of the Registered Designs Ordinance (Cap. 522). (Added 30 of 2023 s. 10) 7. Protection of regional flag and regional emblem (1) A person commits an offence if the person publicly and intentionally desecrates the regional flag or regional emblem by burning, mutilating, scrawling on, defiling or trampling on it or its image or in any other way.(2) A person commits an offence if, with intent to desecrate the regional flag or regional emblem, the person intentionally publishes a desecration of the regional flag or regional emblem by burning, mutilating, scrawling on, defiling or trampling on it or its image or in any other way.(3) A person who commits an offence under this section is liable—(a) on summary conviction to a fine at level 3 and to imprisonment for 1 year; and(b) on conviction on indictment to a fine at level 5 and to imprisonment for 3 years.(4) Except as provided under subsection (2), a person does not commit an offence under this section by publishing a desecration of the regional flag or regional emblem by burning, mutilating, scrawling on, defiling or trampling on it or its image or in any other way.(5) Summary proceedings may only be commenced for an offence under this section before whichever is the earlier of the following—(a) the end of the period of 1 year after the date on which the offence is discovered by, or comes to the notice of, the Commissioner of Police;(b) the end of the period of 2 years after the date on which the offence is committed.(6) In this section—desecrate (侮辱), in relation to the regional flag or regional emblem, means to undermine the dignity of the regional flag or regional emblem as a symbol and sign of the Hong Kong Special Administrative Region;publish (發布) includes—(a) to communicate to the public in any form, including speaking, writing, printing, displaying notices, broadcasting, screening and playing of tapes or other recorded material; and(b) to distribute, disseminate or make available to the public.(Replaced 30 of 2023 s. 11) 7A. Education in regional flag and regional emblem (1) The Secretary for Education must give directions for the inclusion of the regional flag and regional emblem in primary education and in secondary education to educate the students—(a) on the symbolic significance of the regional flag and regional emblem;(b) on the regulation of displaying and using the regional flag; and(c) on the etiquette to be followed when a regional flag is raised in any ceremony.(2) In this section—primary education (小學教育) has the meaning given by section 3(1) of the Education Ordinance (Cap. 279);secondary education (中學教育) has the meaning given by section 3(1) of the Education Ordinance (Cap. 279).(Added 30 of 2023 s. 12) 7B. Inclusion in sound broadcasting and domestic television programme services (1) This section applies if, under the terms and conditions of a broadcasting licence, the licensee may be required by a determination or direction of the Communications Authority to broadcast announcements in the public interest, or to include material in the public interest, in the licensed service.(2) By a determination or direction that has been made in relation to the broadcasting licence, the licensee may be required to promote the regional flag, the regional emblem and their designs by an announcement in the public interest, or material in the public interest, in the licensed service.(3) The Communications Authority must make a determination or direction in relation to the broadcasting licence, requiring the licensee to promote the regional flag, the regional emblem and their designs by an announcement in the public interest, or material in the public interest, in the licensed service in accordance with any direction on broadcasting arrangements that is or may be given under subsection (4).(4) The Chief Executive may give directions on broadcasting arrangements for the purposes of subsection (3).(5) A direction under subsection (4) is not subsidiary legislation.(6) In this section—broadcasting licence (廣播牌照) means—(a) a licence granted under section 13C(2) of the Telecommunications Ordinance (Cap. 106), or such a licence renewed under section 13E(2) of that Ordinance; or(b) a licence granted under sections 8(1) and 10(1) of the Broadcasting Ordinance (Cap. 562), or such a licence extended or renewed under section 11(1) of that Ordinance;Communications Authority (通訊事務管理局) means the Communications Authority established by section 3 of the Communications Authority Ordinance (Cap. 616).(Added 30 of 2023 s. 12) 8. Copy of the regional flag or the regional emblem A copy of the regional flag or regional emblem that is not an exact copy but that so closely resembles the regional flag or regional emblem as to lead to the reasonable belief that the copy in question is the regional flag or regional emblem is taken to be the regional flag or regional emblem for the purposes of this Ordinance.(Amended 30 of 2023 s. 13) 9. Stipulations not subsidiary legislation A stipulation made by the Chief Executive under this Ordinance is not subsidiary legislation. The stipulation must be published in the Gazette as soon as is reasonably practicable after it is made. Schedule 1 [ss. 2 & 5]Specifications for the Regional Flag of the Hong Kong Special Administrative Region of the People's Republic of China The shape and colour on both sides of the regional flag are identical. The bauhinia design on both sides are identical. For the sake of convenience, only the specifications for the regional flag with the pole standing on its left are listed below. As regards the side of the regional flag with the pole standing on its right, it must be correspondingly produced. I. The regional flag is in red, the chrominance value of which is identical with that of the national flag. The regional flag is rectangular in shape with its length/height ratio being 3 to 2. At the centre of the regional flag is a white 5-petal bauhinia in swaying motion. The diameter of its outer circle is 3/5 of the regional flag’s height. The petals are evenly arranged round the central point of the regional flag in a clockwise direction. Each petal bears a red 5-pointed star and a red style. The centre of the bauhinia lies on the central point of the regional flag. The case of the pole is in white. The design of the regional flag is shown in Figure 1. (Amended 30 of 2023 s. 14) Figure 1 Design of the Regional Flag of the Hong Kong Special Administrative Region of the People’s Republic of China II. There are eight different standard sizes of the regional flag. Their measurements are as follows: Length (cm) Height (cm) No. 1 288 192 No. 2 240 160 No. 3 192 128 No. 4 144 96 No. 5 96 64 Car Flag 30 20 Flag for Signing Ceremony 21 14 Desk Flag 15 10 If regional flags of nonstandard sizes are required in special circumstances, they are to be of a scaled-up or a scaled-down size. (Amended 30 of 2023 s. 14) The size of the regional flag must be proportional to the staff, and be commensurate with the purpose of use, the surrounding buildings and the surrounding environment. (Added 30 of 2023 s. 14) III. Format of the bauhinia design Figure 2 Format of the Bauhinia Design IV. Format of the bauhinia design for plate making Figure 3 Format of the Bauhinia Design for Plate Making Schedule 2 [ss. 2 & 5]Specifications for the Regional Emblem of the Hong Kong Special Administrative Region of the People's Republic of China I. The regional emblem is round in shape. It bears a red circular edge, an outer ring marked with scripts, a red inner ring with a design of a swaying bauhinia with 5 star-shaped stamens. II. The swaying bauhinia design at the centre of the inner ring of the regional emblem is white in colour. It is formed by 5 petals, each with a red 5-pointed star and a red style. The petals are evenly arranged around the central point of the regional emblem in a clockwise direction. The centre of the bauhinia lies on the central point of the regional emblem. III. The outer ring marked with scripts lies between the red circular edge and the red inner ring. The words and characters, on a white background, are red in colour. Evenly arranged in the upper part of the outer ring are the Chinese characters “中華人民共和國香港特別行政區” in complex form and in the standard format for the regional emblem. The bottom of each character points towards the centre of the regional emblem. The English words “HONG KONG” in the standard format for the regional emblem are evenly arranged further down the outer ring. The top of each alphabet points towards the centre of the regional emblem. In between the Chinese characters and the English words is a 5-pointed red star on two sides. One point of both stars points towards the centre of the regional emblem. The Chinese characters, the English words and the 5-pointed stars are symmetrically arranged with reference to the centrelines of the regional emblem. The design of the regional emblem is shown in Figure 1. Figure 1 The Design of the Regional Emblem of the Hong Kong Special Administrative Region of the People’s Republic of China IV. The chrominance value of the red colour of the regional emblem shall be identical with that of the national emblem. (Amended 30 of 2023 s. 15) V. There are three standard sizes of the regional emblem. Their measurements are as follows: Size 1 100 cm in diameter Size 2 80 cm in diameter Size 3 60 cm in diameter If regional emblems of nonstandard sizes are required in special circumstances, they are to be of a scaled-up or a scaled-down size, and be commensurate with the purpose of use, the buildings where they are hung and the surrounding environment. (Amended 30 of 2023 s. 15) VI. Format of the Regional Emblem Figure 2 Format of the Regional Emblem 1. The width of the circular edge must be 1/100th of the diameter of the regional emblem. 2. The width of the outer ring marked with scripts must be 1/10th of the diameter of the regional emblem. 3. The supplementary circle surrounding the bauhinia must be 6/10ths of the diameter of the regional emblem. 4. The angle of the Chinese character region is 220 degrees. The height of the Chinese characters must be 7/10ths of the width of the outer ring marked with scripts. 5. The angle of the English word region is 80 degrees. The height of the English words must be 6/10ths of the width of the outer ring marked with scripts. 6. The angle of the 5-pointed star region is 30 degrees respectively. The diameter of the outer circle of the star shall be the same as that of the 5-pointed star of the bauhinia. VII. Standard Format of the Chinese characters and the English words of the Regional Emblem Figure 3 Standard Format of the Chinese characters and the English words of the Regional Emblem VIII. The Sectional Drawing of the Regional Emblem Figure 4 Sectional Drawing of the Regional Emblem IX. Format of the Regional Emblem for Plate Making Figure 5 Format of the Regional Emblem for Plate Making Schedule 3 (Repealed 30 of 2023 s. 16) Schedule 4 [s. 3]Conditions for Flying Regional Flag at Half Staff, Priority of National Flag and National Emblem and Raising and Lowering of Regional Flag (Amended 30 of 2023 s. 17) Flying regional flag at half staff 1. The regional flag must be lowered to half staff as a token of mourning when the following persons pass away—(a) President of the People’s Republic of China, Chairman of the Standing Committee of the National People’s Congress, Premier of the State Council and Chairman of the Central Military Commission.(b) Chairman of the National Committee of the Chinese People’s Political Consultative Conference.(c) Persons who have made outstanding contributions to the People’s Republic of China as the Central People’s Government advises the Chief Executive.(d) Persons who have made outstanding contributions to world peace or the cause of human progress as the Central People’s Government advises the Chief Executive.(e) Persons whom the Chief Executive considers have made outstanding contributions to the Hong Kong Special Administrative Region or for whom he considers it appropriate to do so. 2. The regional flag may be flown at half staff as a token of mourning when the Central People’s Government advises the Chief Executive that national memorial ceremonies are held or that serious natural calamities, public health emergencies or other unfortunate events have occurred and caused especially serious casualties. (Amended 30 of 2023 s. 17) 3. The regional flag may be flown at half staff as a token of mourning if the Chief Executive considers it is appropriate when serious natural calamities, public health emergencies or other unfortunate events have occurred and caused especially serious casualties. (Amended 30 of 2023 s. 17) 4. If the national flag is flown at half staff under section 3(4)(a) of, and Schedule 3 to, the National Flag and National Emblem Ordinance (116 of 1997), the regional flag must also be flown at half staff. (Added 30 of 2023 s. 17) Priority of national flag when displayed with regional flag 1. The national flag, when raised or carried in a procession with the regional flag, must be in front of the regional flag. 2. The national flag, when displayed with the regional flag, must be either at the centre, above the regional flag, or in a position of prominence.(Added 30 of 2023 s. 17) Priority of national emblem when hung with regional emblem 1. The national emblem, when hung with the regional emblem, must be in a position of prominence.(Added 30 of 2023 s. 17) Raising and lowering regional flag 1. The regional flag, when hoisted or lowered from a vertical staff, must be hoisted or lowered slowly. When hoisted, the regional flag must reach the peak of the staff; when lowered, it may not touch the ground. 2. The regional flag, when flown at half staff, must be first hoisted to the peak of the staff and then lowered to a point where the distance between the top of the flag and the peak of the staff is one third of the length of the staff; the flag, when lowered, must be again hoisted to the peak before it is lowered. 3. If the regional flag is displayed pursuant to section 3(1), the regional flag must, as far as practicable, be raised in the morning and lowered in the evening. 4. Despite any other provision of this Ordinance, the display of the regional flag may be dispensed with in case of inclement weather.(Added 30 of 2023 s. 17)