The government’s attempt to restrict the pro-democracy protest song “Glory To Hong Kong” has been rejected by Hong Kong’s High Court. This song gained popularity during pro-democracy protests in 2019. (File Photo by Jerome Favre/EPA-EFE)
Aug. 7 (UPI) — In an ongoing effort to deal with the confusion surrounding the pro-democracy protest song “Glory to Hong Kong,” the Hong Kong government has filed for a review in the Court of Appeal to reinstate restrictions that were previously quashed by a July high court ruling. The song has been wrongly associated with China’s national anthem and viewed as a potential threat to national security.
The Justice Minister of Hong Kong announced the appeal on Monday, specifically seeking an injunction against the song’s usage in cases where it is being utilized to incite rebellion.
“The Secretary for Justice, as the guardian of public interest, applied for the interim injunction with the aim of fulfilling the constitutional responsibility of the Hong Kong Special Administrative Region government to safeguard national security, suppress acts endangering national security, and maintain the dignity of the National Anthem,” stated a spokesperson for the Hong Kong justice department.
The Justice Department had previously sought an injunction on June 5 to prevent the distribution of the protest song, citing sedition and other violations related to national anthem laws.
However, high court judge Anthony Chan denied the government’s request in a July 28 ruling, stating that he was not convinced by the facts presented, and that individuals have the right to freely express themselves through singing the song. He also highlighted the potential negative impact on innocent third parties as a result of restricting freedom of expression.
The Justice Department clarified that their efforts were solely aimed at those who use the song to incite secession, rather than seeking a complete ban on the song in the public domain, something which Judge Chan also acknowledged in his decision.
The song became famous in 2019 when it was adopted by pro-democracy demonstrators as a symbol of their opposition to Beijing’s plan to extradite criminal suspects to mainland China. This plan was seen by many as a threat to Hong Kong’s independence under the “one country, two systems” principle.
Despite remaining a Special Administrative Region of China, Hong Kong maintains a significant level of autonomy from Beijing, including its own legal system, currency, and government sectors handling immigration, defense, and foreign policy.
In November of the same year, the song garnered attention when it was played instead of the Chinese national anthem during a finals rugby match between Hong Kong and South Korea at the Asia Rugby Sevens tournament. This sparked intense debate in the region, which has continued in the months since.
In their appeal, Justice Department lawyers claimed that the court had acknowledged the song’s use in inciting secession and the criminal activities associated with it. Legal experts expressed disagreement with the ruling, as they believed it failed to consider the national security implications in relation to freedom of speech. Some pro-Beijing lawmakers have also called for the Justice Department to revise the ban to ensure its implementation.
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