‘No role for courts in security assessment’

Senior counsel argues ban on ‘Glory to Hong Kong’ song is only to prevent any threats

Courts should not “second-guess” government assessments of national security threats, a senior counsel has argued in an appeal seeking to ban a controversial protest song, saying their role is to ensure law is fully implemented.

Benjamin Yu SC, representing the secretary for justice, said at the Court of Appeal yesterday that the “Glory to Hong Kong” song remained prevalent in the city, inciting certain emotions that might lead to unlawful acts that violated the Beijing-imposed national security law.

The song, composed during the 2019 social unrest, has frequently been mistaken overseas for the national anthem and wrongly played at several international sports events.

“To assess the risk of national security is the responsibility of the executive,” Yu said. “The court should not take over that responsibility and should not second-guess the assessment of the executive, unless there is no factual foundation.”

The appeal is the government’s second attempt to ban “Glory to Hong Kong” after the Court of First Instance in July dismissed its request to outlaw the promotion of the song through “broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing in any way”.

Mr Justice Anthony Chan Kinkeung said in the earlier judgment that the government would not achieve what it wanted from an injunction, given there were existing regulations to punish crimes such as inciting secession, insulting the national anthem and sedition.

At Tuesday’s hearing, Yu argued that the injunction was aiming to “prevent and suppress” any looming threat of national security, despite the fact that Hong Kong was seen to have become stable following the enactment of the national security law in 2020.

Yu said the political views of Hongkongers were “steadfast” in the sense that one could observe society had been polarised since 2019, and that the online community could at any time intend to use the song to stir up emotions.

While Chief Judge Jeremy Poon Shiu-chor noted that Yu had relied on an injunction to aid national security law enforcement, he said the court would have to be discretionary in deciding whether an injunction order could enhance the provision.

The case was adjourned until February 24 for Yu to seek further instruction from the secretary for justice, as well as to file an amendment of the terms of the proposed ban.