High Court refuses to grant 'Glory to HK' injunction - RTHK
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High Court refuses to grant 'Glory to HK' injunction

2023-07-28 HKT 17:40
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  • The High Court said the injunction could have had 'chilling effects' on innocent people who may have lawful uses for the song which the government had sought to ban. File photo: RTHK
    The High Court said the injunction could have had 'chilling effects' on innocent people who may have lawful uses for the song which the government had sought to ban. File photo: RTHK
The High Court on Friday rejected the government’s request for an injunction banning anyone "with seditious intent" from playing or performing the 2019 protest song Glory to Hong Kong , pointing to the "chilling effects" it could have had on society.

The application came after the song was mistakenly played instead of the national anthem at a number of international sporting events involving Hong Kong teams, and after the government struggled to persuade internet giant Google to bump links to the tune down its list of search results for the anthem.

The Department of Justice told the court that Glory to Hong Kong is capable of stirring up people's emotions, and that the playing of it could incite violence and insult the national anthem.

But Judge Anthony Chan said an injunction could have undermined freedom of expression and its "chilling effects" meant it could be envisaged that "perfectly innocent people would distance themselves from what may be lawful acts involving the song for fear of trespassing the injunction which has severe consequences".

Chan added that he would have granted the injunction on national security grounds, but doing so would have conflicted with enforcement of the National Security Law and in any case, the various acts the government was seeking to ban are already punishable under the city's robust criminal regime.

In response, Chief Executive John Lee stressed the government has a responsibility to safeguard national security.

Speaking to reporters in Malaysia, he said he has ordered the Department of Justice to look into the ruling and take follow-up action.

Meanwhile, the chairman of the Hong Kong Journalists Association, Ronson Chan, welcomed the court's decision.

"I agree with the court and the judgement saying that chilling effects would have kept innocent people with some lawful actions....away from these activities. So I think the judgement is very reasonable," he said.

High Court refuses to grant 'Glory to HK' injunction