Page:National Flag and National Emblem Ordinance.pdf/4

NATIONAL FLAG AND NATIONAL EMBLEM '''6. Prohibition on certain uses of national flag and national emblem'''

(1) The national flag or its design must not be displayed or used in—
 * (a) trademarks or advertisements;
 * (b) private funeral activities; or
 * (c) other occasions on which or places at which the display or use of the national flag or its design is restricted or prohibited under a stipulation made by the Chief Executive.

(2) The national emblem or its design must not be displayed or used in—
 * (a) trademarks or advertisements;
 * (b) furnishings or ornaments in everyday life;
 * (c) private activities of celebration or condolence; or
 * (d) other occasions on which or places at which the display or use of the national emblem or its design is restricted or prohibited under a stipulation made by the Chief Executive.

(3) A person who without lawful authority or reasonable excuse displays or uses the national flag, national emblem or the design of the national flag or of the national emblem contrary to subsection (1) or (2) commits an offence and is liable on summary conviction—
 * (a) for an offence against subsection (1)(a) or (2)(a), to a fine at level 5; and
 * (b) for an offence against subsection (1)(b) or (c) or (2)(b), (c) or (d), to a fine at level 2.

7. Protection of national flag and national emblem

A person who desecrates the national flag or national emblem by publicly and wilfully burning, mutilating, scrawling on, defiling or trampling on it commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 years.

8. Copy of national flag or national emblem

A copy of the national flag or national emblem that is not an exact copy but that so closely resembles the national flag or national emblem as to lead to the belief that the copy in question is the national flag or national emblem is taken to be the national flag or national emblem for the purposes of this Ordinance.

9. Application of regional laws

(1) Offences in relation to the national flag and the national emblem in the Hong Kong Special Administrative Region are investigated and persons are prosecuted according to the laws in force in the Hong Kong Special Administrative Region.