Court Upholds Ruling Against Cardinal Zen and Co-Defendants

A Hong Kong court confirmed a ruling against retired bishop and democracy supporter Cardinal Joseph Zen along with four others for not registering a humanitarian fund established to aid protesters arrested during the pro-democracy demonstrations in 2019.

In 2022, Zen and his associates were detained on accusations of “colluding with foreign forces” under the controversial national security law imposed by China on Hong Kong in 2020.

This law aimed to suppress the pro-democracy efforts by criminalizing any opposition to the Beijing-aligned city government. One disturbing aspect of the law categorized “collusion with foreigners” as a crime, thus providing the government with a convenient method to jail protesters by claiming they were working with foreign governments or media.

The Vatican voiced significant concern regarding Zen’s arrest, and human rights advocates worldwide expressed their outrage. At the time, Cardinal Zen was 90 years old and required a walking stick to attend court.

However, Zen and his colleagues were never formally charged under the national security law that was cited for their detention. Instead, they were convicted in November 2022 for failing to appropriately register the 612 Humanitarian Relief Fund, which they had set up to cover medical and legal expenses for protesters during the upheaval. The fund operated from June 2019 until September 2021, when Hong Kong police threatened to scrutinize it under the national security law.

The charges were filed under the Societies Ordinance, a rarely used law from 1949 requiring organizations to register or request exemption within one month of formation. As reported, Zen and his co-defendants became the first individuals to be convicted under this ordinance.

According to the provisions of the ordinance, the penalties are not especially harsh. Each of the five was fined 4,000 Hong Kong dollars, roughly equivalent to 512 U.S. dollars. Despite this relatively small fine, the defendants and their supporters argued that the case represented a troubling precedent for political freedoms in Hong Kong.

Margaret Ng, a former pro-democracy lawmaker and trustee of the 612 Humanitarian Relief Fund, mentioned that the case could significantly impact civil society in Hong Kong. “We decided to appeal because this is an important issue for the entire society, not only for us or the 612 Humanitarian Relief Fund,” she stated outside the courthouse on Thursday.

Ng highlighted the problematic ambiguity regarding the definition of a “society” under the Societies Ordinance, making it easy for the law to be used against any organization that the government disapproves of.

The court ruled that the term “society” has a broad interpretation, potentially encompassing any group with more than ten members. The three judges also determined that compliance with the Societies Ordinance did not impose an “unacceptably harsh burden” on those accused.

Several foreign consulates in Hong Kong, including the American consulate, had representatives present to observe the court proceedings, underscoring international interest in the case.