Hong Kong high court dismisses government’s attempt to ban protest song

Hong Kong’s High Court, on Friday (July 28), rejected the government’s bid to ban the protest song, “Glory to Hong Kong”,saying it could undermine freedom of expression and cause potential “chilling effects” on freedom of speech. The song in question was widely sung and played as an anthem by demonstrators during the 2019 pro-democracy protests.

Hong Kong government’s injunction request

Officials in Hong Kong lodged the injunction bid last month and sought a ban on “Glory to Hong Kong” after the protest song was accidentally played at several international sporting events, instead of China’s national anthem “March of the Volunteers”.

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The protest song which was widely sung and played during the city’s months-long pro-democracy and anti-China protests in 2019, was later deemed unlawful under the Beijing-imposed national security law to crack down on dissent in the former British territory.

Hong Kong’s government had sought a ban on the broadcast or distribution of the protest song and alleged the song’s “melody or lyrics or in combination” could incite “others to commit secession”.

Hong Kong High Court’s decision

In a written judgement, High Court Judge Anthony Chan wrote, “The court recognised the engagement of the right to freedom of expression in the consideration of this application,” while noting the “chilling effects” that might be generated if the injunction was granted, according to Reuters.

“I cannot be satisfied that it is just and convenient to grant the injunction. This application is accordingly dismissed,” said Chan.

He also explained that “Whilst I entirely accept that no chilling effect is intended behind the injunction, it is the duty of the Court to keep in mind that there is a whole spectrum of Hong Kong people” with varying degrees of knowledge about the injunction.

Hong Kong govt’s multiple bids to ban the protest song

After the injunction was filed last month, the song containing lyrics that reference the phrase “liberate Hong Kong, revolution of our times,” a protest slogan, was also briefly taken down by some distributors from online music streaming platforms like Spotify, Apple’s iTunes, and Taiwan’s KKBOX.

However, DGX Music, the music group behind the song, later uploaded a new version of the album on the streaming platforms. The Hong Kong government also tried to pressure Google to display China’s national anthem as the top result in searches for Hong Kong’s anthem instead of the protest song but failed.

The tech giant said that its algorithm decided the top results based on various criteria including popularity and relevance. Google also said it would only remove the song from the platform if the Hong Kong government could present a court order proving it violated local laws.

Rights groups hail decision

“Today the Hong Kong High Court took a welcome stand and defended free speech. The Hong Kong government should respect the decision and refrain from making further attempts to censor the protest song,” said Human Rights Watch’s China director Sophie Richardson, in a statement.

(With inputs from agencies)

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