A panel of three appellate judges in Hong Kong this week upheld convictions for retired Cardinal Joseph Zen and four other pro-democracy advocates who operated a legal defense and medical fund that supported people engaged in widespread protests in 2019 and 2020.
In a Sept. 3 decision, the judges dismissed the appeals filed by Zen, Margaret Ng Ngoi-yee, Hui Po-keung, Cyd Ho Sau-lan, and Denise Ho Wan-see. They were found guilty of failing to legally register the 612 Humanitarian Relief Fund as a “society” under the Societies Ordinance, which carries monetary fines. It’s unclear whether they will face additional charges.
Zen and his co-defendants created the fund to support Hong Kong protesters who opposed the 2019 extradition bill, which would have streamlined the process of extraditing people from Hong Kong to mainland China for prosecution. Protesters opposed subjecting people to prosecutions under the Chinese Communist Party.
Lawmakers ultimately withdrew the bill, but more than 10,000 protesters were arrested and nearly 3,000 people faced charges.
Zen and the co-defendants argued they did not believe the fund qualified as a “society” when they established it to help the protesters, and that they did not believe they had to register it under the Societies Ordinance. This ordinance provides civil authorities broad discretion to control, monitor, or dismantle private associations.
In its decision, the court ruled that a “society” under the ordinance has “an expansive definition” and cited the text, which includes “any club, company, partnership or association of 10 or more persons, whatever its nature or object.” It notes some exemptions, such as charities, religious organizations, and social clubs, but that organizers must apply for an exemption.
The judges rejected objections to the registration scheme on a constitutional basis, asserting the law maintains a “reasonable balance” between freedom of association and public safety, public order, and national security.
“Self-evidently, the societal benefits arising from the aim are enormous,” they ruled. “Nothing in the evidence suggests that any individual including the appellants would be subject to an unacceptably harsh burden by the restrictions imposed by the registration scheme on their exercise of the right to freedom of association.”
“We are satisfied that the prosecution has proved the charge against each of the appellants beyond reasonable doubt,” the judges decided unanimously.
Penalty and legal fights
The convictions under the Societies Ordinance carries fines for each person equivalent to about $500. However, Zen and the other defendants were initially arrested on suspicion of violating a 2020 national security law, which could have carried penalties of up to life in prison.
Although all five defendants were arrested on that suspicion, none faced charges. Those initial arrests were based on the allegation they colluded with foreign forces when they set up a fund to help the protesters.
Officials defended the 2020 law on the basis of national security, but critics allege it is primarily used to punish political dissidents, such as Jimmy Lai — a Catholic pro-democracy activist who was sentenced to 20 years in prison at the age of 78 on claims he colluded with foreign forces.
Lai operated the newspaper Apple Daily, where he openly criticized the Chinese Communist Party. Hong Kong shut down the organization based on authority under the national security law. The government also used the national security law to justify its investigation of the fund operated by Zen and the other pro-democracy advocates.
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