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Hong Kong court bans protest anthem, saying it can be used as a weapon
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Hong Kong court bans protest anthem, saying it can be used as a weapon
May 8, 2024 3:16 AM

HONG KONG, May 8 (Reuters) - Hong Kong's Court of Appeal

on Wednesday granted an application by the government to ban a

protest anthem called "Glory to Hong Kong", overturning a lower

court judgment that had rejected such a ban because of its

possible "chilling effects" on free speech.

The ruling comes amid what critics say is an erosion in Hong

Kong's rule of law and individual rights amid a sweeping

national security crackdown by Beijing that has jailed scores of

opposition democrats 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 said during a

regular press briefing that "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".

Freewheeling Hong Kong returned from British to Chinese rule

in 1997, with the guarantee its freedoms would be preserved

under a "one country, two systems" formula.

Hong Kong does not have its own anthem. "Glory to Hong Kong"

was written in 2019 amid mass pro-democracy protests that year

and was considered an unofficial national anthem, rather than

China's "March of the Volunteers".

The court ruling targets those who broadcast or distribute

the song with the intention of inciting others to commit

secession, or those who suggest Hong Kong is an independent

state, or who insult the national anthem.

Exceptions would only be granted to lawful academic and

journalistic activities, the judges added.

The Hong Kong government sought an appeal after High Court

Judge Anthony Chan refused to ban the protest anthem last July,

saying that it could undermine freedom of expression and cause

potential "chilling effects".

The government applied for the injunction last June, after

it was mistakenly played at several international events as the

official anthem, including a Rugby Sevens game and an ice hockey

competition.

Google gave no immediate response to a request for comment.

It had earlier said it wouldn't change its search results to

display China's national anthem rather than the protest song

when users search for Hong Kong's national anthem.

DGX Music, the music group behind the song, did not

immediately 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 national 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.

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