Department of Justice applies for court injunction to ban playing of protest song

The Department of Justice applied to the Court on Monday for a court injunction to ban members of the public from playing a protest song "Glory to Hong Kong."  

According to a government statement, it noted that the song had been widely circulated since 2019, with the lyrics of the song containing slogans that the Court has ruled as constituting secession.  

“Recently, the Song has also been mistakenly presented as the ‘national anthem of Hong Kong’ instead of the correct one, ‘March of the Volunteers’ repeatedly,” it wrote.  

The injunction seeks to restrain anyone from broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying, or reproducing in any way - including on the internet.  

The writ of summons noted that the song, including any adaptation of it, should not be used in ways with the intent of and in circumstances capable of inciting others to commit secession, contrary to Article 21 of the National Security Law; or with a seditious intention as defined in section 9 of the Crimes Ordinance.  

It also noted that the song should be banned from use with intent to insult the national anthem, contrary to section 7 of the National Anthem Ordinance, in such a way as to be likely to be mistaken as the national anthem insofar as the HKSAR is concerned or as to suggest that the HKSAR is an independent state and has a national anthem of its own.  

The injunction also seeks to restrain anyone from assisting and authorizing others to commit the above acts.  

A government spokesman said the purpose of the SAR government applying for the injunction is to restrain anyone from disseminating or performing, etc. the song with the intention of inciting others to commit secession, or with a seditious intent, or from disseminating or performing, etc. the song as the national anthem of Hong Kong with the intent to insult the national anthem, with a view to safeguarding national security and preserving the dignity of the national anthem.  

“The HKSAR Government respects and values the rights and freedoms protected by the Basic Law, including freedom of speech, but freedom of speech is not absolute. The application pursues the legitimate aim of safeguarding national security and is necessary, reasonable, legitimate, and consistent with the Bill of Rights. In fact, the injunction complements existing laws and serves to clarify to members of the public that acts mentioned above may constitute criminal offenses; they should not take their chances and attempt to break the law," said the spokesperson.

The chairman of the Hong Kong Bar Association, Victor Dawes, refused to comment on the case as it entered legal proceedings.

He said it is crucial to strike a proper balance between maintaining national security and the freedom of speech guaranteed by the Basic Law.