Hong Kong court ban on pro-democracy anthem ‘Glory to Hong Kong’ sparks new fears over heightened censorship in Hong Kong

Today a Hong Kong appeals court approved the Hong Kong government’s application to ban the pro-democracy anthem ‘Glory to Hong Kong’, overturning a lower court ruling in July 2023 that rejected the government’s bid due to free speech concerns. The judgement comes in the wake of the enactment of the Safeguarding National Security Bill, known as “Article 23 legislation”, in Hong Kong, which will further criminalise internationally-guaranteed rights and freedoms in the city.

Three Court of Appeal judges ruled that the government’s injunction was “necessary” to remove “problematic videos” from online platforms. This follows numerous incidents at international sporting events in which ‘Glory to Hong Kong’, popularised during the 2019 protests, has been mixed up with the People’s Republic of China’s anthem ‘March of the Volunteers’. 

The injunction will prohibit anyone from “[b]roadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing in any way” the song and its lyrics “with the intent of…inciting others to commit secession,” “with a seditious intention,” or “in such a way…as to be likely to be mistaken as the national anthem” of Hong Kong, “suggest that the [Hong Kong Special Administrative Region] is an independent state… with intent to insult the national anthem.” The injunction will apply to “any internet-based platform or medium” and their global operations.

When the Hong Kong government first bid to ban ‘Glory to Hong Kong’ last year, Hong Kong Watch led more than 24 civil society organisations in writing a joint letter to Daniel Ek, CEO of Spotify, Tim Cook, CEO of Apple Inc, Sundar Pichai, CEO of Alphabet Inc and Google LLC, Linda Yaccarino, CEO of Twitter Inc, and Mark Zuckerburg, CEO and Chairperson of Meta Platforms Inc., urging them to oppose the injunction that will effectively ban intermediaries from broadcasting or distributing online, including on YouTube, the 2019 protest song. The letter emphasised how the injunction will have a disastrous impact on the rights to freedom of expression and access to information not only in Hong Kong, but also globally.

Benedict Rogers, co-founder and Chief Executive Officer of Hong Kong Watch, said:

“It is profoundly disturbing and revealing that the Hong Kong authorities find a song a threat to their security. Hong Kong Watch remains gravely concerned about the implications of this injunction that will be used to censor ‘Glory to Hong Kong’ in Hong Kong and around the world. This case has dire implications for internet freedoms and the operation of internet service providers and technology firms such as Google and Apple. 

We urge the international community to respond to this act of censorship by calling out the dangers of the city’s national security laws that do not defend national security, but safeguard the authorities’ increasing repression of the rights and freedoms of individuals. Business is not as usual in Hong Kong.”

香港律政司上訴得直獲批《願榮光歸香港》禁制令 香港監察批港府審查行為有損網絡自由

香港上訴庭今天推翻2023年7月高等法院拒絕就2019年「反送中」運動歌曲《願榮光歸香港》批出禁制令，裁定律政司上訴得直，批出臨時禁制令。

香港監察共同創辦人兼行政總監羅傑斯（Benedict Rogers）表示：

「香港當局認為一首歌曲威脅安全，實在令人深感擔憂，同時揭露內情。香港監察持續嚴正關注這項禁制令的潛在影響，禁令會被用作在香港以至世界各地審查《願榮光歸香港》。本案或會對網絡自由及網絡服務供應商和Google、Apple等科技公司的運作產生嚴重影響。

我們促請國際社會回應這種審查行為，指出香港兩項國家安全法的危險，這些法律並非捍衛國家安全，而是維護當局加劇壓制個人權利和自由的行為。香港不能一切如常。」