The government has applied for permission to appeal against the courts' refusal to issue an injunction banning people from playing or performing the 2019 protest song Glory to Hong Kong, saying it needs to “put forward views” on the matter.

The Court of First Instance (CFI) rejected the government’s request last month, saying an injunction could have “chilling effects” that undermine the freedom of expression of “perfectly innocent people”.

In a statement on Monday, a spokesman for the Department of Justice (DoJ) noted that the court had also ruled that an injunction would not serve any real purpose.

"The CFI made the decision to refuse granting an interim injunction not because the acts in questions are legal, but because the court considered that such acts already constitute criminal offences even without the injunction, and therefore was not satisfied that the injunction would be of real utility,” the spokesman said.

“The court was also of the view that there is a real risk that the enforcement of the injunction would conflict with the prosecution procedure of cases concerning offence endangering national security under the Hong Kong National Security Law (NSL). The Secretary for Justice considered it necessary to appeal to put forward views and request the Court of Appeal to consider granting the interim injunction."

The statement also made clear that the government agrees with the court that acts an injunction would cover – disseminating or performing Glory to Hong Kong with a seditious intention, to incite people to commit secession or to insult the national anthem – are already criminal offences.