Interim Injunction Order

CACV 274/2023 (On Appeal from HCA 855/2023) – to restrain four specified criminal acts in relation to a song

On 5 June 2023, the Secretary for Justice applied to the Court of First Instance for an injunction and an interim injunction to restrain four specified criminal acts in relation to a song commonly known as “願榮光歸香港” or “Glory to Hong Kong” (“Song”).  On 28 July 2023, the Court of First Instance dismissed the Secretary for Justice’s application for the interim injunction.

The Secretary for Justice appealed to the Court of Appeal.  Upon hearing the Secretary for Justice and the Amici Curiae on 19 December 2023 and 24 February 2024, the Court of Appeal handed down judgment on 8 May 2024 allowing the Secretary for Justice’s appeal and granted the interim injunction in the following terms:

"1.    Until trial or further order of the Court, there be an injunction restraining the Defendants and each of them, whether acting by themselves, their servants or agents, or otherwise howsoever, from doing any of the following acts:

(a)    Broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing in any way including on the internet and/or any media accessible online and/or any internet-based platform or medium, the song commonly known as “願榮光歸香港” or “Glory to Hong Kong” (“Song”), whether its melody or lyrics or in combination:

(i)    with the intent of and in circumstances capable of inciting others to commit secession, contrary to Article 21 of The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region; or

(ii)   with a seditious intention as defined in section 23 of the Safeguarding National Security Ordinance (Instrument A305); and in particular to advocate the separation of the Hong Kong Special Administrative Region (“HKSAR”) from the People’s Republic of China; or

(b)    Broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing in any way including on the internet and/or any media accessible online and/or any internet-based platform or medium, the Song, whether its melody or lyrics or in combination, in such a way:

(i)    as to misrepresent it as the national anthem insofar as the HKSAR is concerned; or

(ii)   as to suggest that the HKSAR is an independent state and has a national anthem of her own;

and

        with intent to insult the national anthem, contrary to section 7 of the National Anthem Ordinance (Instrument A405); or

(c)    Wilfully assisting, causing, procuring, inciting, aiding, abetting others to commit or participate in any of the acts as set out in paragraph 1(a) or 1(b); or

(d)    Knowingly authorizing, permitting or allowing others to commit any of the acts or participate in any of the acts as set out in paragraph 1(a) or 1(b);

2.    Without limiting the generality of paragraph 1, the acts of publishing the items via the Uniform Resource Locators (URLs) set out in the Schedule hereunder constitute acts being restrained by paragraph 1(a) and/or 1(b);

3.    The Defendants and each of them shall take such action forthwith to cause any of the acts as set out in paragraph 1 to cease;

4.    For the avoidance of doubt, this Order does not prohibit any lawful acts in connection with the Song, whether its melody or lyrics or in combination, conducted for purposes such as academic activity and news activity, provided that they do not involve any of the acts as set out in paragraph 1(a) to (d);

5.    In this Order:

(a)   The Song as defined in paragraph 1(a) and any reference thereto include any adaptation of the Song, the melody and/or lyrics of which are substantially the same as the Song; and

(b)   ‘News activity’ in paragraph 4 means any journalistic activity and includes:

       (i)   The –

    I. gathering of news;

    II. preparation or compiling of articles, programmes or other publications concerning news; or

    III. observations on news or current affairs, for the purpose of dissemination to the public; or

(ii)   The dissemination to the public of –

    I.   any article or programme or other publication of or concerning news; or

    II.  observations on news or current affairs;

6.    There be liberty to apply.”

Copies of the relevant documents are posted below.

HCA 855/2023

CAMP 297/2023

CACV 274/2023

CAMP 303/2023