Injunction Sets 'dangerous Precedent': Charles Mok

IT sector lawmaker Charles Mok warned on Thursday that a temporary injunction affecting online speech was setting "an extremely dangerous precedent", comparing it to the methods used on the mainland to control the internet.

Earlier on Thursday, the High Court issued an interim injunction banning anyone from posting or spreading online messages encouraging or inciting violence, in the latest government effort to clamp down on almost five months of protests in Hong Kong. The Court had convened an urgent hearing at the request of the Department of Justice.

The ban -effective until November 15 – applies to any internet platforms, but specifically names the LIHKG forum, and the encrypted messaging app Telegram – which are both popular among anti-government protesters.

Any message that promotes, encourages, or incites others to use violence or intimidation to harm others or their property is banned under the court order.

"The temporary injunction sets an extremely dangerous precedent for introducing internet censorship of online speech similar to the Great Firewall of China," Mok said. "It is a serious breach of citizens’ freedom of expression and Hong Kong’s supposed free flow of information."

Mok said the government already had legislation against inciting unlawful behaviour, and questions the administration's approach of bypassing the scrutiny of the Legislative Council to introduce partial internet ban through an injunction.

He said that selectively banning online speech "would put Hong Kong’s economy and in particular its innovation and technology industries in a precarious position.

"The government’s move is grossly irresponsible," Mok said.

He also warned that if the government invoked its power under emergency regulations to extend the ban to require telecom operators and internet service providers to restrict access to websites or applications, the damage to Hong Kong’s open and free internet, as well as the free flow of information, would be "devastating".

"It would also deal a heavy blow to the financial and professional services industries and internet industries of Hong Kong," Mok said.