A Court of appeal in Hong Kong has approved the government’s application to ban the pro-democracy anthem ‘Glory to Hong Kong’, overturning a lower court ruling in July 2023 that rejected the government’s bid due to free speech concerns.
The decision follows the passage of Hong Kong’s Safeguarding National Security Bill, sometimes known as “Article 23 legislation,” which will criminalise internationally granted rights and freedoms.
Three Court of Appeal judges ruled that the government’s injunction was “necessary” to remove “problematic videos” from online platforms.
This follows numerous incidents at international sporting events in which ‘Glory to Hong Kong’, popularised during the 2019 protests, has been mixed up with the People’s Republic of China’s anthem ‘March of the Volunteers’.
The injunction will prohibit anyone from “broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing in any way” the song and its lyrics “with the intent of…inciting others to commit secession,” “with a seditious intention,” or “in such a way…as to be likely to be mistaken as the national anthem” of Hong Kong, “suggest that the [Hong Kong Special Administrative Region] is an independent state… with intent to insult the national anthem.” The injunction will apply to “any internet-based platform or medium” and their global operations.
When the Hong Kong government first bid to ban ‘Glory to Hong Kong’ last year, Hong Kong Watch led more than 24 civil society organisations in writing a joint letter to Daniel Ek, CEO of Spotify, Tim Cook, CEO of Apple Inc, Sundar Pichai, CEO of Alphabet Inc and Google LLC, Linda Yaccarino, CEO of Twitter Inc, and Mark Zuckerburg, CEO and Chairperson of Meta Platforms Inc., urging them to oppose the injunction that will effectively ban intermediaries from broadcasting or distributing online, including on YouTube, the 2019 protest song.
The letter emphasised how the injunction will have a disastrous impact on the rights to freedom of expression and access to information not only in Hong Kong, but also globally.
Benedict Rogers, co-founder and Chief Executive Officer of Hong Kong Watch, said:
“It is profoundly disturbing and revealing that the Hong Kong authorities find a song threatens their security. Hong Kong Watch remains gravely concerned about the implications of this injunction that will be used to censor ‘Glory to Hong Kong’ in Hong Kong and around the world. This case has dire implications for internet freedoms and the operation of internet service providers and technology firms such as Google and Apple.
We urge the international community to respond to this act of censorship by calling out the dangers of the city’s national security laws that do not defend national security, but safeguard the authorities’ increasing repression of the rights and freedoms of individuals. Business is not as usual in Hong Kong.”
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