The Hong Kong High Court dismissed activist Chow Hang-tung’s application to be declared as a party to the injunction appeal proceedings surrounding the protest song “Glory to Hong Kong” Tuesday.
In dismissing the application, the Court reasoned that Hang-tung was neither a party nor a defendant in the proceedings. Chow relied on the Service Order made by the High Court previously to claim that she was a party to the proceedings. The Service Order stated,
Anyone who opposes the [Injunction Summons] to (i) notify the SJ within 7 days; (ii) provide the personal particulars specified in the Service Order; and (iii) pay photocopying fees, upon which the SJ shall serve copies of the Writ (etc) on the said person(s) ();
Hang-tung served a “Notice of Intention to Defend” to the Department of Justice and subsequently claimed herself to be “a person with intention to oppose the application for [Injunction].” Chow contended that the Injunction Summons made her an opposing party and a party to the proceedings pursuant to section 2 of the High Court Ordinance. The court did not accept this contention, agreeing with government counsel, that the Injunction Summons could not mean that everyone that opposes the Injunction be served, and consequently become a party to the proceedings. The court further stated that such an interpretation would mean that everyone in Hong Kong would have to be served with notice of the proceedings. The court also reiterated that Hang-tung still has a right to apply to be joined as an intervener.
In July, the court dismissed the Hong Kong government’s application for an injunction against the protest song “Glory to Hong Kong.” The government appealed a week later. The proceedings will continue on December 19.