**********************************

The Government of the Hong Kong Special Administrative Region welcomes the decision by the Court of Final Appeal (CFA) handed down today (Wednesday), which upheld the constitutionality of sections 7 of the National Flag and National Emblem Ordinance and the Regional Flag and Regional Emblem Ordinance. These two provisions respectively prohibit desecration of the national flag and the regional flag.

"The CFA's judgement recognizes the need to protect the national and regional flags," a Government spokesman said today.

"The CFA's decision confirms that sections 7 of the National Flag and National Emblem Ordinance and the Regional Flag and Regional Emblem Ordinance are consistent with the relevant provisions of the Basic Law and the International Covenant on Civil and Political Rights which safeguard the freedom of expression" the spokesman added.

In upholding the prohibition of the desecration of the national and regional flags by the two ordinances in question, the court stated that such prohibition did not interfere with the person's freedom to express the same message by other modes.

The judgement also states that: "Beneath the national and regional flags and emblems, all persons in Hong Kong are - and can be confident that they will remain - equally free under our law to express their views on all matters whether political or non -political : saying what they like, how they like."

The Secretary for Justice was granted leave to appeal by the CFA in May this year against the decision of the Court of Appeal to quash the convictions against the two persons who were earlier found guilty at the Eastern Magistracy for desecrating the national and regional flags by publicly and willfully defiling them.

The CFA heard the appeal in late October and ruled against the decision of the Court of Appeal today.

End/Wednesday, December 15, 1999

NNNN