The ruling also means that the song can no longer be broadcast or played on internet platforms.
A Hong Kong appeals court has banned a popular song written during the 2019 pro-democracy protests in the Chinese territory.
The ban on Glory to Hong Kong, issued on Wednesday, came as the territory's authorities attempted to remove the song from online search results and content-sharing platforms.
The popular song incorporates defiant lyrics, including the key protest slogan “Liberate Hong Kong, revolution of our times.” It was later mistakenly played as Hong Kong's anthem at international sporting events, instead of China's “Volunteer March,” in mix-ups that upset city officials.
Judge Jeremy Poon, who ruled in favor of the Hong Kong government, wrote Wednesday that the song's composer “intended it to be a 'weapon' and that is what it became.” The song has been used as “a boost to fuel the violent protests that have gripped Hong Kong since 2019,” he said, noting its power to “stir up emotions among certain fractions of society.”
He said a court order was necessary to stop a series of acts, including the broadcast and performance of the song “with criminal intent”, as well as to persuade internet platform operators to remove “problematic videos related to the song.” of their platforms.
The ban would target anyone who broadcast or distributed the song to advocate for Hong Kong's separation from China. It would also prohibit any action that uses the song to misrepresent it as the national anthem with the intent to insult the anthem. But it would exempt journalistic and legal academic activities.
Critics have said that banning the broadcast or distribution of the song further reduces freedom of expression since China cracked down on Hong Kong protests in 2019.
They also warned that the ban could disrupt the operations of tech giants and harm the city's appeal as a business hub.
As of mid-afternoon on Wednesday, Glory to Hong Kong, whose artist is credited as “Thomas and the Hong Kong People,” was still available on Spotify and Apple Music in English and Cantonese. A search for the song on YouTube also turned up several videos and performances.
Google, Spotify and Apple did not immediately comment.
The Hong Kong government went to court last year after Google resisted pressure to display China's national anthem as the top result in searches for the city's anthem instead of the protest song. But a lower court rejected the government's initial offer last July.
In its appeal, the government argued that if the executive authority considered a measure necessary, the court should allow it unless it considered it would have no effect, according to a legal document on the government website.
The government had already asked schools to ban the protest song on campuses.
He had previously said he respected the freedoms protected by the city's constitution, “but freedom of speech is not absolute.”
