Hong Kong’s government lawyers say court failed to recognise its lack of expertise in national security risks when it refused ban on protest song
- Government lawyers say court did not give ‘the greatest weight and deference’ to Chief Executive John Lee when it ruled against a ban on ‘Glory to Hong Kong’ protest song
- Justice department outlines its case for an appeal against court decision not to grant injunction against 2019 song and says court lacked national security knowledge
Hong Kong’s justice department has criticised a court for what it said was a failure to recognise a judicial lack of expertise in assessment of national security risks after it refused to ban promotion of a 2019 protest song often played in error instead of the country’s national anthem.
The Department of Justice on Wednesday explained the legal basis for asking the Court of First Instance’s permission to appeal against its dismissal of a proposed injunction on “Glory to Hong Kong”, which became popular during the social unrest four years ago.
They said Lee’s determination that promotion of the song would undermine national security was binding and the court should in general accede to the assessment of executive authorities because of the judicial lack of sensitive intelligence, institutional capacity and expertise on threats to the country’s safety.
“Where it is the assessment of the executive authorities that a proposed measure is necessary or may be effective or have utility [in safeguarding national security], the court should accord due weight and deference to such assessment and grant the injunction unless the court is satisfied that it shall have no effect,” the department’s filing said.
