My Take | Hong Kong judge’s decision to reject protest song injunction was sensible

The Hong Kong government’s bid to secure a court injunction banning the unlawful use of a prevalent protest song was unprecedented. It was also a step too far.

A High Court judge rejected the application on Friday, ruling it would achieve little, conflict with existing laws and affect innocent people. This was a sensible decision, making some important broader points.

Protecting China’s national anthem has become a headache for the city’s officials. “March of the Volunteers” has been confused with the protest song “Glory to Hong Kong”, which emerged during anti-government protests in 2019. Some of the lyrics have been held by the courts to be capable of inciting secession.

The protest song has, inadvertently it seems, been played at several international sports events instead of the national anthem, causing much embarrassment.

Government attempts to persuade Google to ensure prominence for the national anthem in its search results, to avoid misunderstandings, have not been successful.

The injunction was intended to provide officials with another legal weapon with which to pursue those posting the protest song with criminal intent and the internet platforms they use to make it available. But this would have had far-reaching consequences.

Mr Justice Anthony Chan Kin-keung said the court was being asked to take an exceptional course. The injunction was expressed in unusually broad terms, applying to everyone in Hong Kong.