National Flag And National Emblem Ordinance

1. This Ordinance may be cited as the National Flag and National Emblem Ordinance.

1. In this Ordinance, unless the context otherwise requires—

national emblem ( 國徽 ) means the national emblem of the People’s Republic of China adopted by the Eighth Session of the Central People’s Government Committee on 28 June 1950;

national flag ( 國旗 ) means the national flag of the People’s Republic of China adopted by resolution of the First Plenary Session of the Chinese People’s Political Consultative Conference on 27 September 1949;

specifications ( 規格 ) means the relevant specifications for the national flag or the national emblem set out in Schedules 1 and 2 .

1. The national flag or the national emblem or both must be displayed at main Government buildings.
2. The Chief Executive may stipulate the organizations which must display or use the national flag and the national emblem, and the other places at which, the occasions on which, the manner in which and the conditions under which, the national flag and the national emblem must be displayed or used. The Chief Executive may also authorize, restrict or prohibit the display or use of the national flag, the national emblem or their designs in the stipulation.

1. The national flag or the national emblem or both must be displayed at main Government buildings.
2. The Chief Executive may stipulate the organizations which must display or use the national flag and the national emblem, and the other places at which, the occasions on which, the manner in which and the conditions under which, the national flag and the national emblem must be displayed or used. The Chief Executive may also authorize, restrict or prohibit the display or use of the national flag, the national emblem or their designs in the stipulation.
3. The Chief Executive may stipulate the organizations that must include the design of the national emblem in their seals. The Chief Executive may stipulate other uses to which the national emblem may be applied.

1. The national flag or the national emblem or both must be displayed at main Government buildings.
2. The Chief Executive may stipulate the organizations which must display or use the national flag and the national emblem, and the other places at which, the occasions on which, the manner in which and the conditions under which, the national flag and the national emblem must be displayed or used. The Chief Executive may also authorize, restrict or prohibit the display or use of the national flag, the national emblem or their designs in the stipulation.
3. The Chief Executive may stipulate the organizations that must include the design of the national emblem in their seals. The Chief Executive may stipulate other uses to which the national emblem may be applied.

1. The national flag or the national emblem or both must be displayed at main Government buildings.
2. The Chief Executive may stipulate the organizations which must display or use the national flag and the national emblem, and the other places at which, the occasions on which, the manner in which and the conditions under which, the national flag and the national emblem must be displayed or used. The Chief Executive may also authorize, restrict or prohibit the display or use of the national flag, the national emblem or their designs in the stipulation.
3. The Chief Executive may stipulate the organizations that must include the design of the national emblem in their seals. The Chief Executive may stipulate other uses to which the national emblem may be applied.
4. Schedule 3 specifies—

1. the conditions under which the national flag is flown at half staff;
2. the priority of the national flag;
3. the raising and lowering of the national flag;
4. the use of the national flag at mourning ceremonies; and
5. the method for using the design of the national emblem in foreign affairs activities. (Amended 31 of 2021 s. 5)

1. A national flag or a national emblem which is damaged, defiled, faded or substandard must not be displayed or used. (Amended 31 of 2021 s. 6)
2. A national flag or a national emblem must not be displayed upside down, and must not be displayed or used in any way that undermines the dignity of the national flag or the national emblem. (Added 31 of 2021 s. 6)
3. A national flag or a national emblem must not be discarded at will. (Added 31 of 2021 s. 6)
4. A national flag or a national emblem that is damaged, defiled, faded or substandard must be recovered or disposed of in the manner stipulated by the Chief Executive. (Added 31 of 2021 s. 6)
5. After an event in which national flags or national emblems are used, the organizer must, in the manner stipulated by the Chief Executive, recover or dispose of the national flags or national emblems used on the site of the event. (Added 31 of 2021 s. 6)

When the national flag is being raised during a national flag raising ceremony, the etiquette to be followed by the persons who take part in or attend the ceremony is—

1. to stand solemnly facing the national flag;
2. to look at the national flag with respectful attention or to salute the national flag in an appropriate manner (as the case requires); and
3. to not behave in a way that undermines the dignity of the national flag.

Note—For the requirement of playing and singing the national anthem at a national flag raising ceremony, please refer to section 5 of, and item 2 of Schedule 3 to, the National Anthem Ordinance (2 of 2020).

1. The national emblem for hanging may be manufactured in the Hong Kong Special Administrative Region only by enterprises designated by the Central People’s Government. (Amended 31 of 2021 s. 8)
2. The national flag must be manufactured in accordance with the specifications set out in Schedule 1.
3. The national emblem must be manufactured in accordance with the specifications set out in Schedule 2. (Amended 31 of 2021 s. 8)
4. If a person manufactures a national flag or national emblem other than in accordance with this section, the Secretary of Justice may apply to the District Court—
   1. for an injunction to prohibit the unauthorized manufacture or manufacture of the flag or emblem that does not meet the specifications; and
   2. for an order of forfeiture of the flag, emblem and other materials used in the manufacture of the flag or emblem.
5. 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.