Hong Kong court rules against govt over banning protest song: What is the case, highlighting friction with China

In a written judgement, High Court Judge Anthony Chan wrote: “The court recognised the engagement of the right to freedom of expression in the consideration of this application” while noting the “chilling effects” of an effective ban, according to Reuters.

What is the Hong Kong protest song?

“Glory to Hong Kong” was composed during the 2019 protests in the city, when a large number of demonstrators – many students and young people in terms of demographics – demanded the rollback of a security law China had proposed.

The song was composed by a musician whose name on platforms like YouTube reads as Dgx Music. The song’s lyrics are in Cantonese with a few English lines thrown in, with lines such as, “Arise! Ye who would not be slaves again: For Hong Kong, may Freedom reign!” and “Break now the dawn, liberate our Hong Kong, In common breath: Revolution of our times!” according to a translation on Genius.com.

When the government first applied to the court for a total ban on the song in June this year, it was temporarily taken down by platforms such as iTunes and Spotify. Dgx Music later uploaded a new version of the album on the platforms. The Hong Kong government earlier said the lyrics contain a slogan that could constitute a call for secession.

It then went to court after Google refused to display China’s national anthem as the top result on its search engine. But Google representatives stressed that its system sifts through the web to slot search results’ rankings based on a variety of factors that were not manually interfered with. Google had asked that a court ruling prove the song violated the law before it could be removed. Chief Executive John Lee (the senior-most official in the city), told reporters he had asked government lawyers to study the judgment and decide how to respond.

At an ice hockey competition in February, Hong Kong Ice Hockey Association apologised for the mix-up. The song was already banned at schools.

And what were the 2019 Hong Kong protests about?

Protests broke out in 2019 over proposed laws that would allow the Chinese government to have greater control from a security perspective, where charges of terrorism and “collusion with foreign forces” would call for its officials to take part in the investigation, instead of Hong Kong’s. A particularly objectionable aspect for some was a Bill allowing the extradition of people arrested in Hong Kong to mainland China. This specific law was eventually scrapped.

Why this caused an uproar in Hong Kong relates to the history behind the relationship it shares with mainland China.

What is the One Country Two Systems set up in China?

It represents a larger principle of governance that applies to Taiwan and Macau as well, allowing them to exercise certain autonomy. Hong Kong came under this system in 1997 and became known as Hong Kong Special Administrative Region (HKSAR).

Under China’s Qing Dynasty, its leaders had to give up the island of Hong Kong (called Canton by the British) to the British Crown in 1842, after China lost the First Opium War against them.

Additional territory was added after the Second Opium War in 1898 when Great Britain obtained the New Territories on a 99-year lease that would end in 1997. Britain, therefore, retained its control and in 1984, the Sino-British Joint Declaration led to a discussion on the future of Hong Kong.

Britain agreed to a handover in 1997, but said China must ensure that “a high degree of autonomy” is enjoyed and that its systems are maintained as they are for up to 50 years after the handover. Along with a ‘Basic Law’, it formed the framework for how things would be run. It meant the maintenance of universal suffrage and a free market system.

But this transition has not always been smooth sailing. As the Council on Foreign Relations noted, “Since the handover, there have been no free votes by universal suffrage for the chief executive, who is the head of the Hong Kong government. The chief executive is instead chosen by an election committee composed of representatives from Hong Kong’s dominant professional sectors and business elite.”

Even the processes for electing members of the legislature, known as the Legislative Council, or LegCo, have seen China’s impact under an increase in control under current President Xi Jinping. In 2021, China mandated that only “patriots” who “respect” the Chinese Communist Party can run in elections.” For the LegCo, prior to 2021, half of the body’s seventy members “were elected by direct voting, while the rest were chosen by groups representing different industries and professions. Now, just twenty members are directly elected and seventy are chosen,” CFR’s report added.

Is it unusual for a Hong Kong court to rule against a government directive?

Yes. As the government’s website states, judges are appointed by the Chief Executive on the recommendation of an independent commission. Similarly, procedures for the removal of judges also have the Chief Executive’s involvement.