A flag-raising ceremony is held at the Golden Bauhinia Square to mark the 26th anniversary of the SAR's return to the motherland on July 1, 2023. (CALVIN NG / CHINA DAILY)

Hong Kong legal professionals on Monday expressed support for the Department of Justice’s decision to appeal a decision made by the Court of First Instance, in which the court refused to grant an interim injunction to ban unlawful acts relating to a separatism-linked song. 

They said the legal sector in Hong Kong needs to have a comprehensive understanding of the city’s responsibility to safeguard national security and how to serve the purpose. 

In a statement issued on Monday, a DOJ spokesperson said applying the interim injunction would safeguard national security, as part of the special administrative region’s constitutional responsibility, by preventing and punishing acts or activities endangering national security, and preserving the dignity of the national anthem

The song Glory to Hong Kong was widely circulated during the city’s political turbulence in 2019 and afterward. It has also been erroneously played instead of the Chinese national anthem at some international sports competitions involving Hong Kong teams and athletes.

In a statement issued on Monday, a DOJ spokesperson said applying the interim injunction would safeguard national security, as part of the special administrative region’s constitutional responsibility, by preventing and punishing acts or activities endangering national security, and preserving the dignity of the national anthem.

The spokesperson pointed out that the court’s decision to refuse the granting of an interim injunction is not because the related acts are “legal”. On the contrary, the CFI in its judgment agreed that the song was used to incite sedition and subversion. The court also considered that the illegal acts related to the song already constitute criminal offenses even without the injunction, the spokesperson continued.

Moreover, the court considered there can be little doubt that the song was used effectively by people who intended to incite secession and sedition, and was designed to arouse anti-establishment sentiment and belief in separating the Hong Kong Special Administrative Region from the nation, said the spokesperson.

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The court also considered there are reasonable grounds to believe that it was the online videos erroneously playing the song as Hong Kong’s “national anthem” that led to the blunders at various international sports events. 

The DOJ spokesperson continued that the court hopes that its decision may serve to remedy the misconception that conducting the relevant acts does not constitute a crime. 

“The secretary for justice considered it necessary to appeal to put forward views and request the Court of Appeal to consider granting the interim injunction,” the spokesperson said. The DOJ applied for a court injunction in early June to prohibit four illegal acts related to the song, such as disseminating it with intent to incite others to commit secession, or intent to insult the national anthem. 

On July 28, the CFI refused to grant an injunction on this issue. In his judgment, High Court Judge Anthony Chan Kin-keung said that the court was not satisfied that the injunction would be of real utility under the city’s robust criminal regime. 

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Eunice Yung Hoi-yan, a Hong Kong barrister and lawmaker, said the court’s decision solely focused on technical aspects of law enforcement, neglecting the significance of the National Security Law for Hong Kong. 

Yung pointed out that the ruling indicated that some residents in Hong Kong lacked sufficient understanding regarding the importance of protecting national security, failing to fully and accurately implement the National Security Law and the Basic Law. 

She urged the Hong Kong SAR government to conduct a thorough review of the National Security Law’s implementation and consider the necessity for judicial reform.

Additionally, Yung proposed that Chief Executive John Lee Ka-chiu issue an executive order imposing a complete ban on the dissemination of the song. This action would enable the government to better fulfill its constitutional responsibility of safeguarding national security, Yung added. 

ALSO READ: High Court judge erred in refusing to ban protest song

Lawmaker Erik Yim Kong said he supports the DOJ’s appeal, emphasizing that safeguarding national sovereignty, security, and development interests remains the utmost priority in upholding the principle of “one country, two systems”. It is the Judiciary’s responsibility to effectively prevent, halt, and mete out appropriate punishment for acts and activities that pose a threat to national security, Yim added. 

Contact the writers at williamxu@chinadailyhk.co