Cardinal Joseph Zen Loses Appeal as Hong Kong Court Upholds Protest Fund Conviction
- thefirstladyofjour
- 5 days ago
- 4 min read
The 94-year-old Catholic cardinal and four other former trustees were convicted over the registration of a fund that supported people arrested during Hong Kong's 2019 protests.
HONG KONG — Hong Kong's Court of Appeal has upheld the convictions of Cardinal Joseph Zen and four other former trustees of the 612 Humanitarian Relief Fund, rejecting their challenge over the fund's failure to register under the city's Societies Ordinance. (AP News)
Zen, 94, is the retired bishop of Hong Kong and one of the city's most prominent Catholic figures. He served as a trustee of the now-defunct fund, which provided financial assistance for medical and legal expenses to people arrested during the large-scale protests that took place in Hong Kong in 2019. (AP News)
The Court of Appeal's decision Thursday leaves in place the convictions originally issued in 2022. Zen and the other four trustees were each fined HK$4,000, or approximately $510. (South China Morning Post)
What was the 612 Humanitarian Relief Fund?
The 612 Humanitarian Relief Fund was established in June 2019 as Hong Kong's protests intensified over a proposed extradition bill.
The fund provided assistance to people who had been arrested or injured during the demonstrations, including help with medical and legal expenses. It eventually ceased operations in October 2021. (AP News)
Zen was one of five prominent trustees. The others were lawyer and former legislator Margaret Ng, former lawmaker Cyd Ho, singer and activist Denise Ho, and academic Hui Po-keung. (South China Morning Post)
The prosecution centered on whether the fund constituted a “society” under Hong Kong law and therefore was required to register with authorities or obtain an exemption.
The defendants argued that the fund was instead a charitable trust and did not fall under the registration requirement.
The appeals court rejected that argument.
What the court decided
The three-judge appeals panel concluded that the fund fell within the legal definition of a society and that its trustees had mutual rights and obligations concerning how the organization operated and distributed donations. (South China Morning Post)
The court also determined that the registration system itself was constitutional and did not place an unacceptable burden on freedom of association. (South China Morning Post)
The ruling is significant because the case represents the first convictions of this type under Hong Kong's Societies Ordinance, according to reporting on the decision. (Los Angeles Times)
Zen's faith and public life
Cardinal Zen's involvement has drawn international attention in part because of his position within the Catholic Church.
He has long been known as an outspoken advocate for democracy and civil liberties in Hong Kong. His involvement with the relief fund placed him among several prominent figures associated with the city's pro-democracy movement.
However, it is important to distinguish the legal basis of this case from questions surrounding religious practice.
Zen and the other trustees were not convicted under Hong Kong's national security law in this case. Their convictions stemmed from the alleged failure to register the fund under the Societies Ordinance. (AP News)
Zen was initially arrested in May 2022 along with several other figures amid a national security investigation involving alleged collusion with foreign forces. Those charges were later dropped, while the separate registration case proceeded. (AP News)
The broader question of freedom
The case has nevertheless raised broader questions about freedom of association in Hong Kong.
Supporters of Zen and the other trustees argue that the prosecution has implications beyond the technical question of whether the fund should have registered.
Margaret Ng, one of the defendants, said following Thursday's ruling that the case affects more than the former fund and that the defendants intend to continue their legal challenge. (無綫新聞 TVB News)
Hong Kong authorities, meanwhile, maintain that the registration requirements are legitimate and apply to organizations that meet the legal definition of a society.
The case comes against the backdrop of sweeping political changes in Hong Kong since the 2019 protests and the implementation of the Beijing-backed National Security Law in 2020.
Another appeal is expected
The Court of Appeal's ruling does not necessarily end the legal dispute.
The defendants are expected to seek permission to appeal to Hong Kong's Court of Final Appeal, the territory's highest court. Their legal challenge could ultimately ask the city's highest court to clarify what constitutes a society under the law and when registration is required. (Los Angeles Times)
For Cardinal Zen, the ruling marks another chapter in a legal case that has followed him for several years.
At 94, the retired bishop remains one of the most recognizable Catholic voices connected to Hong Kong's public life. His case continues to draw attention not only because of his position within the Catholic Church, but also because of the wider questions surrounding association, civic participation and religious figures' roles in public life.
The legal challenge is expected to continue.
Sources
For The First Lady of Journalism, I recommend using a mixture of news organizations and primary/legal reporting:
Videos:
TVB News video coverage of today's appeal ruling, it is footage from the actual day of the decision. (無綫新聞 TVB News)
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