Spirit of Sun Yat-sen Flickers in a Court at Hong Kong
A judge at the former British Crown Colony refuses to bar Hong Kongers from listening to or singing a pro-democracy song.
Blink, and you might miss it. A flicker of freedom broke out behind Communist Chinaâs Iron Curtain of tyranny the other day, as a judge defied an order from Beijing to ban a song associated with pro-democracy protesters. Hong Kongâs government, now a puppet of Beijing, had sought a court order to bar the song from being played on the internet, expecting the judge to rubber stamp its demand, as would be the case on the mainland. Not so fast.
âFreedom of expression is not absolute in nature,â Judge Anthony Chan wrote in his denial of the proposed ban, âbut it is nonetheless a highly important right.â It âcannot be lawfully restricted,â he added, âwithout the requirements of legal certainty and proportionality being met.â We can only imagine how the communist mandarins at Beijing, accustomed to subservience from judges, will respond to this defense of civil liberties.
The ruling is most likely to prompt a scramble to clamp down on the Hong Kong judiciaryâs independence, a legacy of its days as a British colony. When Hong Kong was handed over to the Communists in 1997, Beijing vowed to follow a âone country, two systemsâ policy. It was meant to allow the territory to retain freedoms like the rights to speech and assembly, independent courts, and other rights now forbidden on the mainland.
Under President Xi, who views dissent as intolerable, those freedoms were curbed in 2020 by the National Security Law, imposed by Beijingâs decree. The lawâs provisions, which were kept secret until it went into effect, criminalize, in the BBCâs telling, âsubversion,â defined as âundermining the power or authority of the central government,â or even talk of âsecession,â meaning re-establishing Hong Kongâs free status.
The protests that erupted in response to Mr. Xiâs crackdown on liberty adopted as an anthem âGlory to Hong Kongâ â the very tune the authorities are trying to banish from the ears of their subjects. The Beijing regime, the Times reports, sees the song as âan insult to Chinaâs national anthem.â It is banned in schools and draws âangry rebukesâ from authorities when played at sports events. Hong Kongers are arrested for playing it.
The communists want to ban the song on the internet, too. To Googleâs credit, it has refused to remove the song from its search results. Judge Chan notes the âchilling effectâ the ban would have for free speech. So far, Hong Kongâs justice department has only noted that it is reviewing the ruling. A communist propaganda paper, China Daily, published an opinion column by an apparatchik observing that Judge Chan had âmade an error.â
Take that as an early warning sign that the knives are out for the judge. The column itself offers a chilling insight into the totalitarian mindset. It argues that the law is needed to help expedite oppression. Without the ban, the column argues, the âprocessâ of getting someone who âbroadcasts or sings the songâ arrested, charged, and put on trial âcould take months, if not years.â
Allowing the ban on âGlory to Hong Kongâ to go into effect, the China Dailyâs column argues, means âany person committing the offense would be swiftly dealt with.â That is to say âdetained, brought before a court for contempt, and immediately sent to prison for breaching the injunction.â With the ban in place, âJustice comes swiftly, and any criminal act would be dealt with more efficiently,â the column cheerfully notes.
The column urges a higher court to overrule Judge Chan. That would no doubt dismay the prophet of democracy in China, Sun Yat-sen. He was the first president of the Chinese Republic â and a New York Sun correspondent â and urged âgovernment by the people, of the people and for the people,â adding that âI believe in this since I believe in the Chinese people.â These words are echoed today in Judge Chanâs ruling.