HONG KONG - A Hong Kong court has allowed the government to ban a popular protest song when used with “criminal intent”, dealing a setback to free speech in the city.
The Court of Appeal on Wednesday overturned a lower court decision to deny the government’s request to issue an injunction to prohibit Glory to Hong Kong for national security reasons. The Court of First Instance cited the potential chilling effects of such a ban in a 2023 ruling
The ruling comes amid what critics say is an erosion in the rule of law and individual rights in the territory amid a sweeping national security crackdown by China’s Communist Party leaders.
The local government has taken wide-ranging measures to stifle dissent under the national security law that brought the territory in line with China’s vague legislation around state secrets and espionage
The case could further spook a business community worried about the erosion of freedoms in the city. It also has implications for internet freedoms and the operations of firms including internet service providers and technology firms such as Google.
Glory to Hong Kong was composed in 2019 by a musician using a pseudonym, with lyrics contributed by members of a local online forum, at a time when anti-government protests were gaining momentum.
As the song gained popularity, using the search term “the national anthem of Hong Kong” on Google started to return “Glory to Hong Kong” as the top search result, leading to the song being used in some international competitions.
Authorities applied for an injunction to make it illegal for anyone with criminal intent to perform or broadcast the song, including the lyrics and melody, on grounds of national security.
The lower court rejected the bid in July 2023. The government subsequently appealed the decision.
The Hong Kong government has chalked up a string of legal victories against publishers and journalists accused of endangering Chinese national security, posing a chilling effect on a once-freewheeling global commercial hub.
China said on Wednesday that the banning of Glory to Hong Kong was a “necessary measure”.
“Stopping anyone from employing or disseminating the relevant song … is a legitimate and necessary measure by (Hong Kong) to fulfil its responsibility of safeguarding national security,” foreign ministry spokesman Lin Jian said at a briefing in Beijing.