Hong Kong DoJ’s Injunction Application to Ban ‘Glory to Hong Kong’ Hits the Rocks

Commentary: Authorities won't give up

A large crowd gathered on different levels of the New Town Plaza in Shatin, chanting 'Glory to Hong Kong' on Sept. 11, 2019. Adrian Yu / Epoch Times

The Department of Justice’s (DoJ’s) application for an injunction against “Glory to Hong Kong” was rejected by the High Court on July 28. Some commentators believe that the authorities will not give up, but once an appeal is filed, it will scare away foreign investment. Some scholars pointed out that the Hong Kong government’s duel is primarily with Google. But even if the song is removed from the search engines in Hong Kong, it is still doubtful how it can deal with its distribution overseas.

In his judgment, Justice Anthony Chan Kin-keung of the Court of First Instance of the High Court said that the court must strike a proper balance between the competing interests of society and seek to be consistent, compatible, and complementary with local laws when applying the Hong Kong National Security Law. He also pointed out that he doubts that such an application for an injunction to restrain dissemination has any real effect because the conduct for which the restraining order is applied for is a criminal offense punishable under the sound criminal justice system. In addition, the enforcement of the injunction is likely to come into conflict with the relevant laws, such as the national security law.

In addition, the Court agreed that the right to freedom of speech must be considered in this application, especially if granting this injunction may have a “chilling effect” whereby persons with innocent motives may fear the serious consequences of violating the injunction, and simply decide not to participate in any lawful activities related to the song.

However, Judge Chan added that if the enforcement of the injunction did not conflict with the relevant criminal law and that such conduct was punishable under the criminal justice system, “based on the fundamental importance of national security,” the court would still grant an injunction, even if it would have a chilling effect.

Commentary: DoJ Won’t Give Up

Mr. Chung Kim-wah, a scholar of social policy and public administration, told The Epoch Times on July 28 that he believes the Hong Kong government will definitely appeal, just as it did when the wrong national anthem was played at some sports events. “That is, it can hardly lose face in front of its boss in Beijing. At present in Hong Kong, even playing the music of “Glory to Hong Kong” on the erhu (a 2-stringed Chinese musical instrument) can be liable to repeated prosecutions. However, it has yet to find a way to deal with similar situations overseas.“ Referring to the injunction application this time, he believes “it seems it wants to acquire more chips to deal with Google. However, even if Google removes ”Glory to Hong Kong“ from the Hong Kong website, or removes it from VPN searches in Hong Kong, it will still be a problem if it is downloaded overseas.”

In response to the court’s ruling, Mr. Ronson Chan Ron-sing, chairperson of the Hong Kong Journalists Association, pointed out that Justice Chan’s ruling was reasonable and reminded the government to be careful in exercising public power, so as not to intimidate innocent people or those engaged in legitimate behavior. When asked if he was concerned that the authorities would apply for an injunction on matters other than “Glory to Hong Kong,” Mr. Chan responded that he hoped the government should “think clearly” before doing such things. “As an international city, Hong Kong is more dedicated to business and logistics, all of which want fewer restrictions. “If you really want to ”tell the good story of Hong Kong,“ I don’t think it would be good to add more restrictions.” I hope the government will think twice before making any decision.”

Sentenced to 3 Months in Jail for Disseminating ‘Glory to Hong Kong’

Shortly before the court’s decision, someone was convicted for distributing the song. There are also ongoing cases where some people were accused of inciting others and arrested for playing the song.

In July 2021, 27-years-old Cheng Wing-jun was accused of altering and posting online a clip of the gold medal presentation ceremony at the Tokyo Olympics, at which Mr. Edgar Cheung Ka-long, who represented Hong Kong, received his gold medal in the individual foil (fencing) event, by replacing the Chinese national anthem with the music of “Glory to Hong Kong.” He was convicted of insulting the national anthem in July this year, becoming the first successful conviction case for this crime after a trial. Mr. Cheng was sentenced to three months in prison on July 20.

In handing down the sentence, the judge pointed out that the defendant’s intention to replace “March of the Volunteers” with “Glory to Hong Kong” as the “National Anthem” was very obvious. In fact, it encourages others to commit acts that harm the dignity of the country. The punishment has to be deterrent and punitive, so as to warn others not to follow suit.

In addition, on the night of Queen Elizabeth II’s funeral in September 2022, a large number of the public mourned in front of the British Consulate General in Hong Kong. During the time, a man played the British national anthem and “Glory to Hong Kong” on a harmonica and was arrested by the police on suspicion of seditious behavior.

Another example of the authorities targeting “Glory to Hong Kong” is the case of Lee Kai-sun, a 69-year-old retiree, who played “Glory to Hong Kong” and other songs with the erhu on the street several times in August and September in 2022. He was charged on seven counts of illegal acts, including “playing musical instruments in public without a permit,“ and ”carrying out fundraising activities in public without prior approval.” He insisted on his innocence and questioned the prosecution as political persecution. Closing arguments in the case are scheduled for next month.

Judge Concerned Injunction Leading to ‘Double Jeopardy’

The judge is concerned that once the injunction is granted, it is the same as the violation of the provisions of the Hong Kong National Security Law. Whether the crime of contempt of court for violating the injunction and the criminal offense of violating the provisions of the National Security Law will constitute “double jeopardy.” The judge found the situation is far from ideal. SC Yu, the government’s lawyer said that the law does not allow the same behavior to be punished twice, the court has the right to terminate the hearing, and then the defendant will get a fair trial. Justice Chan pointed out that the injunction will overlap with the prosecution under the National Security Law, resulting in “double jeopardy.”

Regarding the Journalist Association’s proposal to exempt journalistic work, the DoJ stated that journalists are not affected by the injunction if they are “bona fide” and perform their work according to law. However, if a reporter or editor has the intention of inciting secession, it is still a violation of the injunction.

‘Glory to Hong Kong’ Has Long Been a Thorn in the Regime’s Side

As the song heralding the spirit during the anti-extradition movement in 2019, “Glory to Hong Kong” has long been a thorn in the side of the Hong Kong government. As early as November 2019, during the anti-extradition movement, when a second-year secondary schoolboy from Ying Wa College played “Glory to Hong Kong” on a loudspeaker outside the school gate, he was charged by riot police for “misconduct in public places” and arrested.

Before the implementation of the “Hong Kong National Security Law” in mid-June 2020, Kevin Yeung Yun-hung, the then secretary of the Education Bureau, had stated that “Glory to Hong Kong” is obviously a song of political propaganda and should not be sung in schools. In July 2020, it was further labeled as a song closely related to the socio-political incidents, violence, and illegal behavior of the preceding few months.

The Wrong National Anthem Repeatedly Played on International Events

On Nov. 13, 2022, in the Asian Rugby Sevens series held in Incheon, South Korea, the organizer mistakenly played the protest song “Glory to Hong Kong” instead of “March of the Volunteers.” The Hong Kong government protested and showed its dissatisfaction with the incident. It was later discovered that during the “2023 Rugby World Cup Qualifiers” in July of the same year and the “15-a-side Rugby World Cup Qualifiers International Consolation Competition” on Nov. 6, the subtitles of the event videos also incorrectly wrote the name of the Hong Kong national anthem as “ GLORY TO HONG KONG.”

It was believed later that the incident related to the display of “Glory to Hong Kong” was due to the wrong anthem being shown (and selected) when the event organizer searched for “Hong Kong National Anthem” in Google. The Hong Kong government then negotiated with Google but refused to pay the advertising fee to put “March of the Volunteers” at the top.

When the incident was in a stalemate, the Hong Kong Sports Federation and Olympic Committee issued guidelines in November 2022, stipulating that all sports associations should ensure that the national anthem and regional flag specifications are accurate before each competition. Once it is found wrong, the players should give a T gesture to remind the organizer. If any of the affiliated associations fail to comply with the guidelines, they will be sanctioned according to individual circumstances. Penalties include suspension of membership or suspension of subsidies or funding from the government.

However, after the introduction of the guidelines, there were still cases where the wrong national anthem was played. In November 2022, at the 2022 Asian Classic Fitness Championships held in Dubai, Lin Wai-ching, a female weightlifter representing Hong Kong, stood on the podium to receive the medal with “Glory to Hong Kong“ played. Ms. Lin was shocked and looked astonished. After about 15 seconds, she raised the ”T” sign to signal to the organizer, and the music then stopped.

In the three games of the World Ice Hockey Championship held in Bosnia in February 2023, during the awards ceremony after the Hong Kong men’s team beat Iran, “Glory to Hong Kong” was played for about ten seconds. Some members of the Hong Kong team immediately made the “T sign” and went forward to report to the staff of the organizer before the music was changed to “March of the Volunteers.” This incident sparked a war of words among the Hong Kong Ice Hockey Association, the Hong Kong government, and the Sports Federation and Olympic Committee of Hong Kong.