Hong Kong has demanded a protest song that was made popular during pro-democracy demonstrations in the territory be removed from the internet, in the wake of a court ruling which banned it.
In its judgment on Wednesday, the court of appeal described the song Glory to Hong Kong as a “weapon” to incite violent protests in 2019.
The ruling comes amid what critics say is an erosion in Hong Kong’s rule of law and individual rights which has seen scores of opposition democrats jailed and liberal media outlets shut down.
The Hong Kong government’s first attempt to get an official injunction for the anthem was refused by the high court last year in a surprise ruling, which said a ban could have a “chilling effect” on innocent third parties.
But in overturning that decision, appeal judge Jeremy Poon wrote on Wednesday that the composer of the song had “intended it to be a ‘weapon’ and so it had become”.
“It had been used as an impetus to propel the violent protests plaguing Hong Kong since 2019. It is powerful in arousing emotions among certain fractions of the society,” he said.
The song can no longer be broadcast or performed “with criminal intent”, or disseminated or reproduced on internet-based platforms, although the injunction contained exceptions for “academic activity and news activity” – a tweak the government made after earlier questioning by judges.
The US has criticised the judgment, with state department spokesperson Matthew Miller saying the move represents “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”.
Glory to Hong Kong was secretly recorded by an anonymous orchestra and grew popular during the 2019 protests. Its defiant lyrics incorporate the key protest slogan “Liberate Hong Kong, revolution of our times”.
It has in recent years been played at several international sporting events, with event organisers mistaking it for the Chinese territory’s anthem, angering the city’s government.
Hong Kong has no anthem of its own and uses China’s “March of the Volunteers”.
Wednesday’s ban comes after a campaign by the city’s authorities against the song, which has seen them demand it be removed from Google’s internet search results and other content-sharing platforms – a request that has been largely rejected.
The judgment said an injunction order was “necessary” because internet platform operators “indicated that they are ready to accede to the Government’s request if there is a court order”.
“The government … will communicate with relevant internet service providers, request or demand them to remove relevant content in accordance with the injunction order,” said Paul Lam, Hong Kong’s secretary for justice
Industry group Asia Internet Coalition, representing tech companies such as Google and Spotify, said it was assessing the implications of the decision “to determine its impact on businesses”.
“We believe that a free and open internet is fundamental to the city’s ambitions to become an international technology and innovation hub,” said the group’s managing director Jeff Paine.
Soon after Wednesday’s judgment was handed down, authorities in Beijing said the ban was “necessary” for “safeguarding national security”.
The song was initially banned in Hong Kong schools after China imposed a controversial national security law in 2020. In March, authorities enacted another set of security laws that some foreign governments say further undermine rights and free speech.
With Agence France-Presse and Reuters