The Hong Kong Court of Appeal on Wednesday granted an interim injunction prohibiting the use of Glory to Hong Kong, a song that was played during social turbulence in 2019, in specific acts, overturning a pervious court ruling against the special administrative region government.

Three judges handling the appeal said in the judgment that the injunction does not ban the song completely, only the four classes of criminal acts listed in the appeal filed by Secretary for Justice Paul Lam Ting-kwok last year.

The judgment stressed that the criminal problems were so serious that the court must intervene immediately to prevent a continuation of the prevailing unlawful state of affairs

Those acts include broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing the song in any way.

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The injunction does not prohibit any lawful acts in connection with the song, such as academic activity and news activity, according to the judgment.

“Prosecutions alone were clearly not adequate to tackle the acute criminal problems and there was a compelling need to grant an injunction to aid the criminal law for safeguarding national security,” the judges said.

The judgment stressed that the criminal problems were so serious that the court must intervene immediately to prevent a continuation of the prevailing unlawful state of affairs.

“Otherwise, any further damage to national security would likely be irreparable, the judgment said.

On June 5, 2023, Lam applied to the Court of First Instance for injunctions to restrain four classes of acts in relation to the song. The application was dismissed by the court on July 28 and the legal chief appealed the dismissal.

At a news conference on Wednesday evening, Lam said the injunction will not target those people who are involved in news and academic activities. He said he hopes online platforms will not continue to facilitate those who engage in illegal activities.

Lawmaker and barrister Priscilla Leung Mei-fun said she welcomed the ruling on Wednesday, saying the granting of the injunction is not an unprincipled suppression of freedom of speech, but a necessary measure after weighing various pros and cons

The song incorrectly appeared in the top places when people searched on Google for the national anthem of the Hong Kong Special Administrative Region. This triggered a series of incidents in international sport events last year.

Lam said the government will ask social media platforms to remove illegal content based on the court ruling.

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Lawmaker and barrister Priscilla Leung Mei-fun said she welcomed the ruling on Wednesday, saying the granting of the injunction is not an unprincipled suppression of freedom of speech, but a necessary measure after weighing various pros and cons.

When the public interest, social security and order are threatened, appropriate legal restrictions are necessary, Leung said, adding that the practice has clear legal support and practical applications in many judiciaries.

The verdict is not only in line with legal procedures, it also reflects a responsible attitude toward the safety of the general public as well as the city’s constitutional responsibility for the country, she said.

Contact the writers at fangxue@chinadailyhk.com