Published: 19:51, May 10, 2024 | Updated: 20:42, May 10, 2024
Legal heavyweights urge online platforms to follow court’s protest song ban
By Wu Kunling in Hong Kong
Interview with Ronny Tong Ka-wah, Hong Kong Senior Counsel and politician, at Wan Chai, Hong Kong, China on March 15, 2021. (CALVIN NG / CHINA DAILY)

Hong Kong legal experts on Friday urged online platforms to take prompt action on content related to Glory to Hong Kong, in compliance with a  ban on the protest song.

Their call came after the city’s appeal court granted an interim injunction on Wednesday to restrain the use of the song, played during the social unrest in 2019, in specific acts, including broadcasting, performing, publishing, distributing or reproducing it in any form.

The Hong Kong Special Administrative Region government said on Thursday that it had successively notified the major internet companies and platform operators as well as providing them with copies of the judgment

The injunction does not prohibit using the song for news and academic purposes.

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The Hong Kong Special Administrative Region government said on Thursday that it had successively notified the major internet companies and platform operators as well as providing them with copies of the judgment. The government is awaiting their responses, a spokesperson said.

As of Friday evening, the song as well as relevant videos and photos remain accessible on platforms such as Google, YouTube and Apple Music.

Google, which owns YouTube, said it is reviewing the court’s judgment in a written reply to China Daily on Friday afternoon. Apple did not respond to China Daily’s inquiry as of Friday night.

Senior Counsel Ronny Tong Ka-wah called on international internet platforms to comply with Hong Kong laws, just as they publicly claim that they will obey local laws anywhere in the world.

Tong, who also sits in the city’s Executive Council, noted that people who do not comply with a court judgment could potentially be ruled in contempt of court.

He said he believes responsible platforms will comply with the injunction as the ruling — which also cited numerous bills from the Supreme Court of the United Kingdom to prove its legal basis — is reasonable.

While the judgment is effective immediately, Tong said it is reasonable to provide these platforms sufficient time, which takes from a few days to a week in general, to ensure their clear understanding of the judgment’s contents, before taking legal actions to enforce compliance, Tong added.

Holden Chow Ho-ding, a solicitor and vice-chairman of the city’s largest political party — the Democratic Alliance for the Betterment and Progress of Hong Kong — also urged internet companies to promptly prepare for the injunction

Tong also stressed that residents do not need to worry about violating the injunction without being aware of it.

As long as there is no intention to commit crimes endangering national security, ordinary behavior in everyday life, such as listening to the song or privately collecting it at home will not be legally affected, Tong explained.

Holden Chow Ho-ding, a solicitor and vice-chairman of the city’s largest political party — the Democratic Alliance for the Betterment and Progress of Hong Kong — also urged internet companies to promptly prepare for the injunction.

Chow said that the judgment was of urgent necessity and in accordance with the Constitution.

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He further emphasized that the issuing of the injunction, which is a common law practice in civil trials, will also support the trials of criminal cases endangering national security, as the move highlights Hong Kong’s rule of law on safeguarding national security.

He said he believed that the judgment has clarified many facts and promotes transparency, adding that residents have reached a consensus on the importance of safeguarding national security, and they understand that the song leads to misinformation and confusion among the public.

Lawmaker Dominic Lee Tsz-king suggested the government should contact relevant platforms again to expedite the removal of the song. He also urged the public to stop uploading or circulating the song online.

 

Contact the writer at amberwu@chinadailyhk.com