(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 the conditions under which the national flag is flown at half staff, the priority of the national flag and the raising and lowering of the national flag.
4. Damaged national flag and national emblem not to be used
A national flag or a national emblem which is damaged, defiled, faded or substandard must not be displayed or used.
5. Manufacture of national flag and national emblem regulated
(1) The national flag for flying and 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.
(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. The display or use of the national emblem in unusual dimensions is subject to the prior approval of the Central People’s Government.
(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—
- (a) for an injunction to prohibit the unauthorized manufacture or 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.
(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.
