Hong Kong Appeals Court Upholds Conviction of Cardinal Joseph Zen and Relief Fund Trustees
A Hong Kong appellate court has dismissed the appeals of Cardinal Joseph Zen and four other pro-democracy advocates regarding their 2022 convictions. The court ruled that the 612 Humanitarian Relief Fund was required to register as a society under the local Societies Ordinance, a requirement the defendants failed to meet. The fund had been established to provide medical and legal support for protesters involved in the 2019 anti-extradition bill demonstrations. While the legal penalties issued were limited to modest fines, the case remains a significant point of contention regarding freedom of association in the region. Cardinal Zen and the other former trustees have indicated their intention to challenge this decision by appealing to the Court of Final Appeal.
19 days ago
Hong Kong’s appellate court has upheld the convictions of Cardinal Joseph Zen and four fellow trustees of the 612 Humanitarian Relief Fund for failing to register the fund as a “society.” The defendants face monetary fines, and Zen and the other trustees intend to seek review by Hong Kong’s Court of Final Appeal. 1
A three-judge panel dismissed appeals filed by Zen, barrister Margaret Ng, singer Denise Ho, former lawmaker Cyd Ho, and scholar Hui Po-keung. The decision upheld the lower court’s conclusion that the fund fell within the legal definition of a “society” under Hong Kong’s Societies Ordinance. 1
The ordinance defines a society broadly, including clubs, companies, partnerships, and associations of 10 or more people, regardless of their nature or purpose. Although the law contains exemptions for categories such as charities and religious organizations, groups must apply for an exemption rather than assume one applies. 1 2
The judges rejected the defendants’ constitutional objections, ruling that the registration system struck a reasonable balance between freedom of association and public safety, public order, and national security. They unanimously concluded that the prosecution had proved the charges beyond a reasonable doubt. 1 2
The 612 Humanitarian Relief Fund was established in June 2019 to provide humanitarian assistance to people arrested, injured, or otherwise affected during mass protests against Hong Kong’s proposed extradition bill. The fund supported legal defense and medical needs and was closed in October 2021. 1
The extradition bill would have made it easier to send people from Hong Kong to mainland China for prosecution. Although lawmakers eventually withdrew it, more than 10,000 people were arrested during the protests and nearly 3,000 faced charges. 1 2
The trustees were convicted in November 2022 for failing to register the fund as a society, or obtain an exemption, during the period from July 16, 2019, to October 31, 2021. Each was fined 4,000 Hong Kong dollars, approximately $512; the fund’s secretary, Sze Ching-wee, was convicted separately and fined 2,500 Hong Kong dollars, or about $320, but did not appeal.
The defendants argued that they did not believe the fund qualified as a society and that registration requirements should not automatically apply to a trust created for humanitarian purposes. They also warned that an expansive interpretation of the law could discourage people from forming groups to pursue common objectives. 1
Zen and the other trustees were initially arrested in May 2022 on suspicion of colluding with foreign forces under Hong Kong’s 2020 national security law. That offense could have carried a sentence of up to life imprisonment, but none of the five was ultimately charged under the national-security legislation. 1 2
Instead, prosecutors pursued the less serious Societies Ordinance case. Prosecutors argued that the fund solicited public donations and operated in a manner covered by the statutory definition of a society, even though it lacked formal articles or written rules.
The case unfolded after Beijing imposed the national security law in June 2020, a measure that restricted civil liberties in Hong Kong. The articles place the fund prosecution alongside the detention and prosecution of other prominent pro-democracy figures, including Catholic businessman Jimmy Lai. 1
Following the appellate ruling, Zen and the four other trustees announced that they would appeal to Hong Kong’s Court of Final Appeal. The reports state that the convictions carry monetary penalties, while noting uncertainty over whether the defendants could face any additional prosecution. 1
Assess Catholic Church’s legal obligations in humanitarian aid
The Catholic Church’s obligations in humanitarian aid are both moral and legal, but they are not identical. Catholic teaching imposes a strong duty to protect human dignity and assist victims, while Church law and civil law regulate how that aid must be organized and delivered.
The Church must treat every person as possessing inherent dignity, regardless of nationality, legal status, religion, or political affiliation. The Holy See grounds humanitarian law in rights that exist prior to government agreements and apply “everywhere and in every circumstance,” including war, emergencies, and natural disasters.
Accordingly, the Church has a serious responsibility to:
The Church’s social doctrine states that humanitarian aid must reach civilians and must never be used to manipulate or influence recipients. The person’s good must take precedence over the interests of parties to a conflict.
This obligation is especially strong toward people unable to protect themselves. Refugees should receive not merely pastoral care and material assistance but also the Church’s advocacy for effective recognition of their rights.
The supplied materials do not provide specific canon-law provisions establishing a universal canonical duty to deliver a particular quantity or type of humanitarian aid. They do, however, identify legal responsibilities when humanitarian work is carried out by Church authorities or with their explicit support.
Pope Benedict XVI taught that Church-sponsored charitable activities must:
At the same time, independently organized initiatives of the faithful possess legitimate administrative autonomy, provided that this autonomy remains compatible with Church teaching and applicable law.
Thus, the legal duty varies according to the entity involved: a diocese, religious institute, Catholic charity, parish, or independent lay organization may have different responsibilities under both Church law and civil law.
The Church strongly supports international humanitarian law, especially its principles of humanity, impartiality, neutrality, and independence. The Holy See has emphasized that these principles must be translated into practical protection for people affected by armed conflict.
For Catholic agencies operating in conflict zones, this means aid should not be distributed according to political loyalty, should not become a weapon of propaganda, and should not be conditioned on conversion or ecclesial affiliation. The requirement that aid not be used to influence recipients follows directly from Catholic social doctrine.
Church personnel also have a duty to respect the dignity of all persons involved in conflict, including adversaries and civilians.
Catholic humanitarian responsibility does not mean that all immigration laws are irrelevant. The Church affirms the rule of law and encourages lawful immigration channels. Yet persecution, grave danger, or forced displacement may give people a human right to seek protection through irregular means when ordinary legal pathways are unavailable.
Consequently, assisting refugees or undocumented migrants is not necessarily unlawful or contrary to Catholic teaching. The Church regards them as persons entitled to solidarity and pastoral care, while also recognizing legitimate governmental authority and the common good.
The Catholic Church has:
The central Catholic principle is that humanitarian aid exists for the protection of the human person—not for political advantage, institutional self-interest, or religious pressure.