Govt files injunction

June 6, 2023

The Department of Justice today said it applied to the court on June 5 for injunction and interim injunction to prohibit four items of unlawful acts relating to the song Glory to Hong Kong, pending directions from the court and the hearing date.

 

The song has been widely circulated since 2019, with its lyrics containing a slogan which has been ruled by the court as constituting secession. It has also been mistakenly presented as the “national anthem of Hong Kong” repeatedly.

 

This has not only insulted the correct national anthem March of the Volunteers but has also caused serious damage to the country and the Hong Kong Special Administrative Region, the department stressed.

 

It was evident from past events that the song will continue to be widely disseminated in breach of the National Security Law and the Crimes Ordinance, it added.

 

To discharge its constitutional responsibility of safeguarding national security by effectively preventing, suppressing and imposing punishment on acts or activities endangering national security, the Hong Kong SAR Government has decided, after careful consideration, to apply to the court for an injunction restraining people from performing four kinds of acts:

 

(1) The injunction prohibits the broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing Glory to Hong Kong, whether its melody or lyrics or in combination; and in particular to advocate the separation of the Hong Kong SAR from the People’s Republic of China:

 

(i) with the intent of and in circumstances capable of inciting others to commit secession, contrary to Article 21 of the National Security Law; or

 

(ii) with a seditious intention defined in section 9 of the Crimes Ordinance.

 

(2) The injunction prohibits the broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing in any way the song, whether its melody or lyrics or in combination, with an intent to insult the national anthem, contrary to section 7 of the National Anthem Ordinance, in such a way:

 

(i) as to be likely to be mistaken as the national anthem; or

 

(ii) as to suggest that the Hong Kong SAR is an independent state and has its own national anthem.

 

In addition, the injunction stops people from assisting, causing, procuring, inciting, aiding and abetting others to commit or participate in any of the acts set out in (1) or (2) above.

 

Lastly, knowingly authorising, permitting or allowing others to commit or participate in any of the acts set out in (1) or (2) above will be prohibited by the injunction.

 

The Government said the purpose of applying for the injunction is to restrain anyone from disseminating or performing Glory to Hong Kong with the intention of inciting others to commit secession, or with a seditious intent. It also works to stop people from disseminating or performing the song as the national anthem with the intent to insult the national anthem, with a view to safeguarding national security and preserving the national anthem’s dignity.

 

The injunction complements existing laws and serves to clarify to the public that the aforementioned acts may constitute criminal offences, the Government pointed out, adding that people should not take their chances and attempt to break the law.

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