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.