Judge warns ‘Glory to Hong Kong’ protest song ban might not have effect government wants

Mr Justice Anthony Chan says injunction might not be any different from national security law sanction against use of song with seditious intent

He adds ban may also breach double jeopardy rule, but admits if song presented national security threat, that outweighs ‘chilling effect’ of prohibition

Reading Time:3 minutes

A still from a YouTube performance of protest song “Glory to Hong Kong”. Photo: YouTube

Published: 6:53pm, 21 Jul 2023Updated: 7:51pm, 21 Jul 2023

Proposed restrictions on a Hong Kong song popular during the 2019 anti-government protests may not accomplish what the city authorities want to achieve, a judge has told a hearing on the unprecedented application.

Mr Justice Anthony Chan Kin-keung on Friday told the High Court an injunction against “Glory to Hong Kong” might not work differently from the Beijing-imposed 2020 national security law to sanction people who published or promoted the song with seditious intent.

The judge added that the proposed order might also fall foul of the legal prohibition on double jeopardy and subject offenders to punishments for a criminal offence and civil contempt.

But if the anti-government tune presented a national security threat that would outweigh any risk of a “chilling effect” a ban might create, he said.

Senior Counsel Benjamin Yu leaves the High Court after Friday’s hearing on proposed restrictions on the 2019 protest anthem “Glory to Hong Kong”. Photo: Brian Wong

“I would have thought that given the importance of national security, [in] balancing against the chilling effect, I suppose, it wouldn’t be a very difficult exercise to rule in favour of national security,” the judge said.