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Hong Kong court voices concerns over lack of clarity in proposed ban on ‘Glory to Hong Kong’ protest song, despite ‘lawful acts’ exemption

  • Court says parts of draft ban ambiguous and fail to meet required legal standards, asking justice chief Paul Lam to re-amend injunction order
  • Ongoing appeal is second attempt by authorities to outlaw protest song, which has been mistaken overseas for China’s national anthem

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A still from the music video of protest song “Glory to Hong Kong”. The government has urged internet giant Google to censor the tune. Photo: YouTube
A Hong Kong court has voiced concerns over a lack of clarity and certainty in a proposed ban on a controversial protest song, despite the government’s suggestion to add a “lawful acts” exemption for academic and journalistic purposes.
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Three Court of Appeal judges on Saturday asked justice minister Paul Lam Ting-kwok to re-amend an injunction order he sought to curb the circulation of “Glory to Hong Kong”, which has frequently been mistaken overseas for China’s national anthem and wrongly played at several international sports events.

The appeal is the second attempt by the Department of Justice, on behalf of Lam, to outlaw the song composed during the 2019 anti-government protests.

Last year’s application at the Court of First Instance failed after Mr Justice Anthony Chan Kin-keung found the intended ban would run counter to established criminal justice procedures and would not achieve what the government wanted – to compel internet giant Google to censor the song.

In its appeal, the justice department has argued that the lower court failed to offer “the greatest weight and deference” to Chief Executive John Lee Ka-chiu, who pronounced the song’s circulation a threat to national security in a move that was binding on the judiciary.

Benjamin Yu SC, for the justice minister, on Saturday submitted at the appellate court’s request an amended version of the intended ban, which specifically targeted YouTube videos of 32 renditions of “Glory to Hong Kong”, including instrumental covers and versions sung in foreign languages.

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The revised order under review also contained an exemption clause setting out the “lawful acts” that would not be sanctioned, namely academic research and journalistic activity.

Anti-government protesters duck for cover in 2019. A lawyer says “Glory to Hong Kong” was designed to be used as an “army song” during rallies. Photo: K. Y. Cheng
Anti-government protesters duck for cover in 2019. A lawyer says “Glory to Hong Kong” was designed to be used as an “army song” during rallies. Photo: K. Y. Cheng
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