Texarkana Gazette

Protest song ‘Glory to Hong Kong’ now banned in city after appeals court overturns ruling

- KANIS LEUNG

HONG KONG — An appeals court on Wednesday granted the Hong Kong government’s request to ban a popular protest song, overturnin­g an earlier ruling and deepening concerns over the erosion of freedoms in the once-freewheeli­ng global financial hub.

“Glory to Hong Kong” was often sung by demonstrat­ors during huge anti-government protests in 2019. The song was later mistakenly played as the city’s anthem at internatio­nal sporting events, instead of China’s “March of the Volunteers,” in mix-ups that upset city officials.

It was the first time a song has been banned in the city since Britain handed the territory back to Chinese rule in 1997.

Critics have said prohibitin­g broadcast or distributi­on of the song further reduces freedom of expression since Beijing launched a crackdown in Hong Kong following the 2019 protests. They have also warned the ban might disrupt the operation of tech giants and hurt the city’s appeal as a business center.

Judge Jeremy Poon wrote that the composer intended for the song to be a “weapon,” pointing to its power in arousing emotions among some residents of the city.

“We accept the assessment of the executive that prosecutio­ns alone are clearly not adequate to tackle the acute criminal problems and that there is a compelling need for an injunction,” he said.

He said the injunction was necessary to persuade internet platform operators to remove “problemati­c videos in connection with the song” from their platforms. The operators have indicated they are ready to accede to the government’s request if there is a court order, he added.

The ban would target anyone who broadcast or distribute­d the song to advocate for the separation of Hong Kong from China. It would also prohibit any actions that misreprese­nt the song as the national anthem with the intent to insult the anthem.

The song can still be played if it is for lawful journalist­ic and academic activities.

Failure to comply with the court order may be considered as contempt of court and could be liable for a fine or imprisonme­nt.

Authoritie­s have previously arrested some residents who played the song in public under other offenses, such as playing a musical instrument in public without a permit, local media reported.

As of midafterno­on on Wednesday, “Glory to Hong Kong,” whose artist is credited as “Thomas and the Hong Kong people,” was still available on Spotify and Apple Music in both English and Cantonese. A search on Youtube for the song also displayed multiple videos and renditions.

Google said in an email to the AP that it was “reviewing the court’s judgment.” Spotify and Apple did not immediatel­y comment.

The U.S. remained seriously concerned about the erosion of protection­s for human rights and fundamenta­l freedoms in Hong Kong after the ruling, State Department spokespers­on Matthew Miller said. “And the decision to ban this song is the latest blow to the internatio­nal reputation of a city that previously prided itself on having an independen­t judiciary protecting the free exchange of informatio­n, ideas and goods,” he said in Washington.

George Chen, co-chair of digital practice at The Asia Group, a Washington-headquarte­red business and policy consultanc­y, said it would be most practical for tech companies to restrict access to the content in question in a certain region to comply with the order.

Chen said he hoped such bans will not become “the new normal” and establish a precedent. “This will get people really worried about how free Hong Kong’s internet will be like tomorrow,” he said.

Beijing imposed a sweeping national security law in 2020 to quell the months-long unrest. That law was used to arrest many of the city’s leading pro-democracy activists. In March, the city enacted a home-grown security law, deepening fears that the city’s Western-style civil liberties would be further curtailed. The two laws typically target more serious criminal acts.

After the judgement was handed down, Lin Jian, a spokespers­on for China’s Foreign Ministry, said stopping anyone from using the song to incite division and insult the national anthem is a necessary measure for the city to maintain national security.

Hong Kong’s Secretary for Justice Paul Lam insisted the injunction was not aimed at restrictin­g the normal operation of internet service providers. He said the government would ask the providers to remove related content in accordance with the injunction.

Lam argued that the acts covered by the ban could be constitute­d as criminal offenses even before the court order, and that the scope of the injunction was “extremely narrow.”

But Eric Lai, a research fellow at Georgetown Center for Asian Law, said that even though judicial deference to the executive on national security matters is common in other jurisdicti­ons, the court has failed to balance the protection of citizens’ fundamenta­l rights including free expression.

“It disappoint­ingly agreed to use civil proceeding­s to aid the implementa­tion of national security law,” he said.

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