A Hong Kong court has made a groundbreaking decision by rejecting the government's request to ban the broadcasting and distribution of the protest song "Glory to Hong Kong." The ruling is seen as a triumph for freedom of expression in the city.
"Glory to Hong Kong" was originally written during the mass protests that swept through the Chinese territory in 2019. Its lyrics passionately advocate for democracy and liberty. In an ironic twist, the song has been mistakenly played at various international sporting events instead of China's national anthem, "March of the Volunteers."
Judge Anthony Chan presided over the case and ultimately refused to grant the ban. The proposed ban would have targeted anyone who uses the song to endorse Hong Kong's separation from China. Additionally, the government also sought to prohibit any actions that use the song to incite secession or insult the national anthem, even in the online sphere.
Critics argued that such a ban would have significant implications for freedom of expression and information within the city. These freedoms have already been greatly diminished under Beijing's crackdown on Hong Kong's pro-democracy movement.
Hong Kong, once a British colony, returned to Chinese rule in 1997 with the promise of preserving its Western-style civil liberties for 50 years. However, since the 2019 protests, a Beijing-imposed National Security Law and other changes have eroded the openness and freedoms that were once synonymous with the city.
In his ruling, Judge Chan carefully considered whether an injunction would provide any additional deterrence beyond existing criminal law. He also took into account its potential chilling effect.
"After thorough deliberation, I fail to see any strong basis for believing that invoking civil jurisdiction would assist in enforcing the law at hand," stated Judge Chan in his ruling.
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