Court rejects 612 Fund trustees’ appeal over convictions
On.cc · 7 SOURCESabout 1 hour ago5 MIN
Summary
Hong Kong’s Court of Appeal on Thursday dismissed the appeal by five former trustees of the disbanded 612 Humanitarian Relief Fund, upholding their convictions for failing to apply for registration or exemption from registration as a society. The five appellants are Cardinal Joseph Zen Ze-kiun (陳日君), former lawmaker Margaret Ng Ngoi-yee (吳靄儀), former legislator Cyd Ho Sau-lan (何秀蘭), singer Denise Ho Wan-see (何韻詩) and former Lingnan University associate professor Hui Po-keung (許寶強). The case concerns a summons alleging that they, together with former fund secretary Sze Ching-wee (施城威), acted as office-bearers of a local society between July 16, 2019 and October 31, 2021 without complying with section 5(1) of the Societies Ordinance, Cap. 151. After the ruling, Ng said the five would seek to appeal to the Court of Final Appeal
Key Points
- The Court of Appeal had heard the case in December and on September 3 rejected all five appeals, leaving intact the original convictions and HK$4,000 fines.
- Sze Ching-wee, the fund’s former secretary, was also convicted in 2022 and fined HK$2,500, but he did not join the appeal.
- The appellants argued the 612 Fund was a loosely organized, unsuccessfully established trust lacking hierarchy, rules, or mutual rights and obligations among members.
- Prosecutors argued the fund had a structure, jointly managed operations, publicly solicited donations, and used funds that had supported political activities.
- The appellate court held the 612 Fund fell within the Societies Ordinance definition of a society, citing its common purpose, name, governance structure, meetings, and public updates
Why It Matters
The ruling gives a clearer judicial reading of what may count as a “society” under Hong Kong’s Societies Ordinance, a point the appellants had directly contested on appeal. The case has drawn added attention because it was described as the first trial for failing to register as required under the ordinance, and the dispute is now set to continue with a planned bid to go to the Court of Final Appeal.