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Hong Kong court bans protest anthem 'weapon'

By Jessie Pang
Updated May 9 2024 - 7:30am, first published 7:27am
An appeal court has granted a government application to ban the protest anthem Glory to Hong Kong. (AP PHOTO)
An appeal court has granted a government application to ban the protest anthem Glory to Hong Kong. (AP PHOTO)

A Hong Kong court has granted a government application to ban protest anthem Glory to Hong Kong, overturning a lower court judgment rejecting such a ban because of its possible "chilling effects" on free speech.

The Court of Appeal ruling on Wednesday comes amid what critics say is an erosion in Hong Kong's rule of law and individual rights amid a security crackdown by Beijing that has seen scores of opposition democrats jailed and shut down liberal media outlets.

The case has implications for internet freedoms and the operations of firms including internet platform operators (IPOs) and technology firms such as Google.

Court of Appeal Judges Jeremy Poon, Carlye Chu and Anthea Pang wrote that the composer of the protest song had intended it to be used as a weapon.

"In the hands of those with the intention to incite secession and sedition, the song can be deployed to arouse anti-establishment sentiments," the judges wrote.

The judges added that "an injunction is necessary to persuade the IPOs to remove the problematic videos in connection with the song" from their platforms.

"Although the IPOs have not taken part in these proceedings, they have indicated that they are ready to accede to the Government's request if there is a court order."

Chinese Foreign Ministry spokesman Lin Jian told a press briefing: "Preventing anyone from using or disseminating the relevant song ... is a legitimate and necessary measure by (Hong Kong) to fulfil its responsibility of safeguarding national security."

Hong Kong's Secretary for Justice said the government "will communicate with relevant internet service providers, request or demand them to remove relevant content in accordance with the injunction order".

Washington has expressed concerns over the erosion of rights in Hong Kong.

The ban was "the latest blow to the international reputation of a city that previously prided itself on having an independent judiciary, protecting the free exchange of information, ideas and goods," US State Department spokesperson Matthew Miller told reporters.

The former British colony returned to Chinese rule in 1997 with the guarantee its freedoms would be preserved under a "one country, two systems" formula.

DGX Music, the music group behind the song, did not respond to a Reuters request to comment.

The song was banned in Hong Kong schools after China imposed a national security law in 2020. In March, authorities enacted another set of security laws that some foreign governments say further undermine rights and free speech.

Beijing rejects the accusation and says the security laws have brought stability.

Australian Associated Press