Hong Kong’s Attempt to Ban Protest Song Displays Clear Violation of International Law, a Critical Exploration.

Hong Kong Government Seeks to Ban “Glory to Hong Kong”

The Hong Kong government is seeking a court order to ban people from singing, broadcasting, or distributing the protest song “Glory to Hong Kong.” This move has drawn criticism from Amnesty International, with the Head of its China Team, Sarah Brooks, calling it an “absurd campaign to outlaw a song” that shows “how little respect” the government has for human rights.

The Government’s Justification

The government claims that the song’s lyrics and melody would be banned because they have been used as a protest slogan and deemed a call for “secession,” which is already banned under the National Security Law. The government has warned that people who engage with the song in any of the ways described could be prosecuted either under a colonial-era “sedition” law or charged with “secession” under the National Security Law, potentially leading to life imprisonment.

Violation of International Human Rights Standards

Amnesty International criticizes the Hong Kong government’s justification for banning “Glory to Hong Kong,” saying that it is a clear violation of international human rights law and standards. The government’s attempt to justify the banning request by referring to the National Security Law is deeply problematic, as expression cannot be punished on national security grounds unless the authorities demonstrate an intention ‘to incite imminent violence’. The singing, broadcasting, or distributing of “Glory to Hong Kong” does not meet this threshold.

The Right to Freedom of Expression

Amnesty International further argues that a song cannot be a threat to national security, and national security may not be used as an excuse to deny people the right to express different political views. According to international human rights standards, peaceful advocacy for a change in government or government policy, criticism, or even insult to a state’s institutions or its symbols cannot be prohibited on national security grounds.

Recommendations

It is important for the Hong Kong government to end its increasingly fervent crackdown on freedom of expression. The government’s attempt to restrict people from expressing themselves in various ways, including the banning of songs, violates their human rights. Instead of suppressing dissent, the government should engage in sincere dialogue and respect the fundamental human rights of its citizens.

The Role of International Community

The international community should also play a role in advocating for the protection of human rights in Hong Kong. The United Nations human rights independent experts have repeatedly expressed concerns about the expansive definition of Hong Kong’s National Security Law and its arbitrary application. In addition, the UN Human Rights Committee, in its July 2022 review of the Hong Kong government’s implementation of the International Covenant on Civil and Political Rights (ICCPR), a UN human rights treaty binding on Hong Kong, noted the undue restrictions on a wide range of rights facilitated by the National Security Law and recommended repealing the National Security Law and sedition provisions under the Crimes Ordinance.

Conclusion

Banning a song like “Glory to Hong Kong” sets a dangerous precedent and infringes upon people’s fundamental human rights. The Hong Kong government should recognize the importance of freedom of expression, open dialogue, and respect for human rights as crucial to building a just and democratic society. It should learn to appreciate dissent as a necessary counterbalance to power and engage in constructive dialogue with its citizens.