Regional Flag And Regional Emblem Ordinance

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

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 );

national flag ( 國旗 ) has the meaning given by section 2(1) of the National Flag and National Emblem Ordinance ( 116 of 1997 );

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 .

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)

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)

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)
3. Schedule 4 specifies—
   1. the conditions under which the regional flag is flown at half staff;
   2. the priority of the national flag when displayed with the regional flag;
   3. the priority of the national emblem when hung with the regional emblem; and
   4. the raising and lowering of the regional flag. (Amended 30 of 2023 s. 6)

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)

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—

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

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—
   1. for an injunction to prohibit the 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.
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.

1. The regional flag, the regional emblem or their designs must not be displayed or used in—
   1. trademarks, registered designs or commercial advertisements; or (Replaced 30 of 2023 s. 10)
   2. 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.
   -47. 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—
   1. for an offence against subsection (1)(a), to a fine at level 5; and
   2. 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 ).

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...