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Hon Poon CJHC (giving the Judgment of the Court):
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In the proceedings below, the Secretary for Justice, as
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guardian of justice, applied for an interlocutory injunction in aid of
criminal law under section 21L(1) of the High Court Ordinance (“HCO”1)
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to restrain the Defendants 2 from committing four specified acts in
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connection with the song commonly known as “願榮光歸香港” or “Glory
to Hong Kong” (“the Song”).
Chan J by a decision dated 28 July 2023.3
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A.
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2.
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Unless otherwise stated, the summary below is largely taken
from the affidavit of Superintendent Margaret Wong dated 5 June 2023
(“Wong’s Affidavit”), which was accepted by the Judge and forms the
evidential basis for the Secretary’s application and also this appeal.
As the Court of Final Appeal observed in Kwok Wing Hang v
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Hence this appeal.4
BACKGROUND
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His application was refused by Anthony
Chief Executive in Council (2020) 23 HKCFAR 518, at [1], Hong Kong, a
city long regarded as safe and peaceful, experienced an exceptional and
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sustained outbreak of massive violent public lawlessness triggered by the
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legislative exercise of the Fugitive Offenders and Mutual Legal Assistance
in Criminal Matters Legislation (Amendment) Bill from mid-2019
onwards.
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the territory and the escalating violence were unprecedented and shocking.
The degeneration of law and order was rapid and most alarming. The dire
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The scale and extent of events disrupting public order across
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Cap 4.
See [7] for definition.
[2023] HKCFI 1950 (“Decision”).
Leave to appeal was granted by the Judge, and leave to rely on additional grounds in this appeal was
granted by this Court in CAMP 303/2023.
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