A Hong Kong court docket rejected the federal government’s attraction to put a ban on broadcasting and distributing a protest tune, in a uncommon victory for freedom of speech.
The excessive court docket on Friday declined the administration’s software for an injunction to make the tune ‘Glory to Hong Kong’ unlawful, together with the lyrics and melody on the grounds of nationwide safety.
Hong Kong doesn’t have its personal anthem however as a Chinese language territory since its return from British rule in 1997, it makes use of China’s anthem.
The tune was written throughout mass pro-democracy protests towards mainland China in 2019 and its lyrics name for democracy and liberty. It has since been mistakenly performed at a number of worldwide sporting occasions as an alternative of China’s nationwide anthem.
Choose Anthony Chan stated the court docket thought-about whether or not an injunction would supply any higher deterrence than present prison legislation. “The court docket recognised the engagement of the suitable to freedom of expression within the consideration of this software”, the decide guidelines, whereas noting “chilling results” that is perhaps generated if the injunction was granted.
“I’m unable to see a stable foundation for believing that the invocation of the civil jurisdiction can help within the enforcement of the legislation in query,” the decide dominated.
The administration has 28 days to attraction the decision.
Hong Kong’s secretary for justice sought the injunction in June after the tune was performed as town’s anthem at a number of sporting occasions. The administration had additionally sought to ban actions that use the tune to allegedly incite others to commit secession and insult the nationwide anthem.
The ruling comes at a time when the administration has been accused of weaponising the Nationwide Safety Regulation to throttle dissent following the 2019 protests.
The Hong Kong Journalists Affiliation (HKJA) which opposed the injunction bid, welcomed the choice.
“Exercising public energy would create a chilling impact, threatening harmless folks,” HKJA head Ronson Chan advised reporters outdoors the court docket. “I believe the judgement could be very affordable.”
The Hong Kong authorities has tried to push Google to show China’s nationwide anthem as the highest seek for town’s anthem as an alternative of the tune. Google had advised the federal government to first show that the tune violated native legal guidelines – thus prompting the authorized software.
The federal government stated it revered freedoms protected by town’s structure “however freedom of speech will not be absolute”. “The applying pursues the reputable purpose of safeguarding nationwide safety and is important, affordable, reputable, and in keeping with the Invoice of Rights,” it stated in a press release final month.