Hong Kong court rejects government bid to ban democracy song
The Hong Kong government had in June requested an injunction order so that the song "Glory to Hong Kong" would be banned from being disseminated or performed to encourage "secession".
The government said the lyrics contain a slogan that could constitute a call for secession and already banned it at schools. / Photo: AFP
A Hong Kong court has rejected a government-requested ban on broadcasting or distributing the protest song “Glory to Hong Kong," in a landmark decision that rejected a challenge to freedom of expression in the city.
Judge Anthony Chan on Friday refused to grant the ban, which would have targeted anyone who uses the song to advocate for the separation of Hong Kong from China.
Chan said the court considered whether an injunction would provide any greater deterrence than existing criminal law, and its potential chilling effect.
“I am unable to see a solid basis for believing that the invocation of the civil jurisdiction can assist in the enforcement of the law in question,” Chan said in the ruling.
The song was written during mass protests against the government in the China's self-governing territory in 2019 and its lyrics call for democracy and liberty.
The song has since been mistakenly played at several international sporting events instead of China’s national anthem, “March of the Volunteers.”
In seeking the court order, the government also sought to ban actions that use the song to incite others to commit secession and to insult the national anthem, including such acts carried out online.
Dispute with Google
The city's secretary for justice sought the injunction last month after the song was mistakenly played as the city’s anthem at international events.
And a mix-up in an ice hockey competition in February resulted in the city's top sports body reprimanding the Hong Kong Ice Hockey Association, which appealed for forgiveness for what it called an “independent and unfortunate” event.
The Hong Kong government has tried to push Google to display China’s national anthem as the top result in searches for the city’s anthem instead of the song but to no avail.
Google told the government to present a court order proving the song violated local laws before it could be removed, according to Secretary for Innovation, Technology and Industry Sun Dong.
The government, therefore, decided to deal with the matter by legal means, he said in an interview with a local broadcaster.
Google did not reply to a request for comment on its earlier exchanges with officials.
Copyright © 2024 TRT World.