- 8
A
-
There is clear utility of the injunction to make it crystal clear
to the public (including parties who may be assisting in the
B
A
B
unlawful acts) that the specific acts in connection with the
C
C
Song are legally prohibited.
D
D
(2)
E
F
To effectively curb the criminal problems at their root, it is
important that internet platform operators (“IPOs”) would
take down problematic videos of the Song, that is, (a) those
E
F
uploaded or shared with the intent of and in circumstances
G
H
capable of inciting others to commit secession, and in
particular to advocate the separation of the HKSAR from the
G
H
PRC; and (b) those likely to be mistaken as the national
I
J
K
L
M
N
O
anthem insofar as the HKSAR is concerned or as to suggest
that the HKSAR is an independent state and has a national
anthem of her own, with intent to insult the national anthem,
so that they cannot be further broadcast etc and no one
including innocent parties (eg, staff of overseas organisers of
sporting events) will be misled into playing the Song as the
national anthem again. This is a serious problem because as
of 1 June 2023, hyperlinks to YouTube videos/Wikipedia of
the Song continue to appear in prominent positions in
I
J
K
L
M
N
O
Google/YouTube/Yahoo/Bing Search results in response to
P
queries to search “Hong Kong National Anthem” and “香港
P
Q
國 歌 ” etc on major search engines.
Q
R
S
T
Despite efforts and
requests by the HKSAR Government since November 2022,
for the removal of the inaccurate contents from services
provided by Google on YouTube and Google Search, as the
two highly popular online platforms in Hong Kong and
worldwide, Google’s position remains that they are unable to
R
S
T
U
U
V
V