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- 59 A B - the Government in which the three aforesaid webpages are set out and the QR code linking to this Order is provided. C A B C SCHEDULE D D 1. E F I F 3. National Anthem of Hong Kong - Glory To Hong Kong, 00:00 to 02:00 https://www.youtube.com/watch?v=cxsKSlDbBIY H 4. 香港國歌 National Anthem of Hong Kong: 《願榮光歸香港 Glory To Hong Kong》Instrumental Verson 純音樂版, 00:00 to 01:46 https://www.youtube.com/watch?v=zHyJYeWdWJM J K L M 5. 《願榮光歸香港》 anthem ver2.9, 00:00 to 01:49 https://www.youtube.com/watch?v=3YaxgmzJP5E 6. 《願榮光歸香港》anthem ver3.0 正確歌詞版, 00:00 to 01:48 https://www.youtube.com/watch?v=TvNRAefh3SE N 7. O P 8. Q R S T U V E 《願榮光歸香港》合集香港國歌 Hong Kong National Anthem, 00:00 to 03:40 https://www.youtube.com/watch?v=0u3yueQa7-s 2. G H Hong Kong Anthem Official | 香港國歌願榮光歸香港 🇭🇰, 00:00 to 01:42 https://www.youtube.com/watch?v=gLhjkLToSqs 9. anthem mv test1, 00:00 to 01:48 https://www.youtube.com/watch?v=AxsWxTGn7iw 《願榮光歸香港》原版《Glory to Hong Kong》First version (with ENG subs), 00:00 to 01:50 https://www.youtube.com/watch?v=y7yRDOLCy4Y 《願榮光歸香港》正式進行曲版《Glory to Hong Kong》Formal March Edition, 00:00 to 02:00 https://www.youtube.com/watch?v=YxptkMBYk2A 10. 《Glory to Hong Kong》International & Instrumental Edition (with singable subtitles), 00:00 to 02:00 https://www.youtube.com/watch?v=e1Qy-WHErOE G I J K L M N O P Q R S T U V

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Case of “Glory to Hong Kong” Song

Case Law

Country

Hong Kong

Country Location

Latitude: 22.3964

Longitude: 114.1095

Country Location (linked Case Law): Hong Kong

Decision Date: May 8, 2024

Case Status: Closed

Case Outcome (Procedural)

Dismissed

Case Outcome (Disposition)

Injunction or Order Denied

Keywords

Access to Information
Content Regulation / Censorship
Digital Rights
Freedom of Association and Assembly / Protests
National Security
Political Expression

Judicial Body: Supreme Court (court of final appeal)

Court Name: Hong Kong Special Administrative Region Court of Appeal

Case Number: CACV 274/2023 & CAMP 303/2023, [2024] HKCA 442

Case Summary: The Hong Kong Special Administrative Region Court of Appeal allowed the government’s appeal and granted an interim injunction prohibiting the broadcasting, performing, printing, publishing, selling, distributing, displaying, or reproducing of the song 願榮光歸香港 or “Glory to Hong Kong” with the intent to incite secession or sedition. The Court accepted the executive’s assessment that the song posed a national security threat and that an injunction was necessary to prevent unlawful activities related to the song, in addition to criminal prosecutions. The ruling emphasized the Court’s duty to safeguard national security while ensuring the injunction did not unjustifiably interfere with freedom of expression through clarity, proportionality, and adherence to the scope of criminal law. The Court also addressed concerns about the injunction’s “contra mundum” effect, stating that safeguards were in place for affected individuals to challenge or seek variations to the order.

Case Significance: Contracts Expression

The ruling in this case contradicts and limits the freedom of expression in Hong Kong. By granting the injunction against the use of the song “Glory to Hong Kong” with the intention of inciting secession or sedition, the Court has effectively restricted the expression and dissemination of the song, which had become a symbol of protest and dissent in Hong Kong. While the Court acknowledged the importance of freedom of expression and included exceptions for lawful activities, the injunction’s broad scope and its application to the entire population of Hong Kong (contra mundum) raise concerns about potential chilling effects on free speech and expression. The Court justified the injunction as necessary to assist the criminal law in safeguarding national security, deferring to the executive’s assessment of the risks posed by the song. However, critics argue that such broad injunctions against expressive works set a concerning precedent and could be used to suppress legitimate dissent and criticism.

The decision establishes a binding or persuasive precedent within its jurisdiction.

Source URL: Global Freedom of Expression

Collection

Columbia

Date Updated: Oct 18, 2024

Primary Documents

Judgment (04 May 2024).pdf
English
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Supporting files

pdf

Judgment (28 July 2023).pdf382.16 kB

pdf

Judgment (31 October 2023).pdf308.08 kB

CYRILLA: Global Digital Rights Law

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Case of “Glory to Hong Kong” Song

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