Court rejects a gov’t-requested ban on protest song after Google’s defiance
A Hong Kong judge on Friday denied a government request to ban a protest song in a landmark decision after Google had resisted official pressure to alter internet search results for the city’s anthem.
Critics have warned that granting the request to prohibit broadcast or distribution of the song would add to a decline in civil liberties since Beijing launched a crackdown following the 2019 protests. They said that might disrupt internet companies and hurt the city’s appeal as a business center.
But some analysts cautioned the court’s decision on Friday does not mean that foreign tech giants can from now on let down their guard in Hong Kong, and said that political challenges surrounding their operations in the financial hub still linger.
Judge Anthony Chan said he considered whether a ban of the song would act as a wider deterrence than the city’s criminal law already in place including the National Security Law.
“I cannot be satisfied that it is just and convenient to grant the injunction,” he wrote in a ruling.
The government went to the court after Google resisted pressure to display China’s national anthem as the top result in searches for the city’s anthem instead of “Glory to Hong Kong.”
Google had asked that a ruling prove the song violated the law before it could be removed, Hong Kong’s Secretary for Innovation, Technology and Industry Sun Dong told a local broadcaster earlier. Google did not reply to a request for comment on its earlier exchanges with officials.
The city’s leader, Chief Executive John Lee, told reporters he had asked government lawyers to study the judgment and decide how to respond.
The city’s secretary for justice sought the injunction last month after the song was mistakenly played as the city’s anthem at international events. And a mix-up in an ice hockey competition in February resulted in the city’s top sports body reprimanding the Hong Kong Ice Hockey Association, which appealed for forgiveness for what it called an “independent and unfortunate” event.
In seeking the court order, the government wanted to target anyone who uses the song to advocate for the separation of Hong Kong from China. It also sought to ban actions that use the song to incite others to commit secession and to insult the national anthem, including online.
However, Friday’s ruling will not mean the end of the controversy for tech giants, said George Chen, former head of public policy for Greater China at Meta.
He said it was a new beginning for the platforms and the government to work together on content-related issues, given there was “zero chance” that the government would just leave all versions of the protest song online. KANIS LEUNG, HONG KONG, MDT/AP
