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Protesters gather to sing “Glory to Hong Kong” during the 2019 anti-government demonstrations. Photo: AFP

Google should say whether it will enforce ban on ‘Glory to Hong Kong’ protest song and ‘keep its word’: justice minister Paul Lam

  • Justice minister Paul Lam calls on tech giant to say whether it will remove links to ‘Glory to Hong Kong’ after court ruled to ban its distribution
  • Authorities last year said Google had declined to take down links unless it saw a court order that deemed the song’s distribution breached city’s laws
Hong Kong’s justice minister has urged tech giant Google to say whether it will remove a controversial protest song from search results after a court overturned an earlier ruling and banned its distribution.

Secretary for Justice Paul Lam Ting-kwok on Sunday called on Google to “keep its word” from past discussions with authorities and remove the links to “Glory to Hong Kong” – considered the unofficial anthem of the 2019 anti-government protests.

Authorities last year said Google had declined to take down the links unless it saw a court order that deemed the song’s distribution breached Hong Kong law.

“All business corporations have to walk the talk. We are eagerly expecting their response,” Lam said on a radio show.

“I believe all of us are quite impatient and hope to see it take action as quickly as possible.”

He added the company was required to ensure content on its platform aligned with the city’s laws.

Google, which also owns YouTube, where renditions of the song are available, earlier said it was reviewing the court judgment.

The Court of Appeal last Wednesday ruled in favour of Lam by granting an interim injunction he sought last year over the song, which has frequently been mistaken overseas for the national anthem.

The move banned people from “broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing [the song] in any way” with the intention to incite others to separate Hong Kong from the rest of the country, commit a seditious act or insult the national anthem, “March of the Volunteers”.

It also prohibited anyone from playing the song in a manner likely to cause it “to be mistaken as the national anthem insofar as [the Hong Kong Special Administrative Region] is concerned” or suggest the city “is an independent state and has a national anthem of her own”.

Lam on Sunday revealed the government had contacted online platforms, including Google, which he said had attracted the most attention, to tell them of the new rules.

He said that although Google might need some time to get legal advice given the court only handed down the ruling in recent days, he believed the tech giant already had established policies regarding the removal of content containing hate speech, seditious material or which violated laws.

“I do not see any reason the company [Google] would not comply with its in-house policies, or a formal court order,” Lam said.

The Post has contacted Google for comment.

Paul Lam says companies must “walk the talk” when it comes to the city’s laws. Photo: Dickson Lee

In the written judgment, three judges said the song had become a weapon with the effect of “justifying and even romanticising and glorifying the unlawful and violent acts inflicted on Hong Kong in the past few years”.

They added the song could arouse and rekindle strong emotions and the desire for violent confrontations.

By granting the injunction, the court saw a “compelling need” to aid the criminal law for safeguarding national security, provided that the song was still freely available on the internet and remained prevalent.

Lam said that with the court accepting his legal arguments, the injunction would “draw out the clear red line” to help tell the public about situations where the song could or could not be used.

He said he expected the ban would have a “deterrent effect”.

Exemptions were made for academic and journalistic purposes, the court said. But it added that the injunction was “necessary” to persuade internet platform operators to remove problematic videos in connection with the song.

“I, alongside all Hong Kong residents and people from mainland China, are all looking forward to knowing the company’s official response,” Lam said.

While Lam noted the injunction did impose a certain degree of restraint on freedom of speech, he said the limitations were within reason under the premise of ensuring national security.

“When the song was used as a tool to serve an illegal purpose, which is to support the ideology of Hong Kong independence … this is practically in breach of the law,” he said.

“So in a broader view, even [though the injunction] has set restrictions on certain things, [freedom of speech] is limited with rationality.”

Barrister and Executive Council member Ronny Tong Ka-wah said Google had been embroiled in the dispute for nearly a year and should have a deep understanding of what was going on.

“So it barely makes sense when they said they need more time to consult the lawyers,” Tong added. “They have only got two choices really: obey or disobey.”

He added that Google should formulate a response within a week, otherwise it could possibly be prosecuted for contempt of court.

Professor Lau Siu-kai, a consultant for semi-official think tank the Chinese Association of Hong Kong and Macau Studies, noted Google had the chance to join the hearing as an interested party, but chose not to do so.

“Google might have initially resisted and did not want to be seen as easily succumbing to political demands,” Lau said.

“Its attitude might change now that it is facing a legal injunction.”

Lau said he believed Google, a US corporation, would be able to “find a way to avoid the court order” and offend Hong Kong public opinion, but whether it would get its government involved was a separate issue.

“The question is whether the United States government will enter the fray and pressure Google not to follow the court order,” he said.

However, he added that neither would be prepared to defy the Hong Kong court, so a statement condemning loss of freedom of speech would be the best Google could do.

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