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Cardinal Joseph Zen arrives at the West Kowloon Magistrates' Courts on May 24, 2022, in Hong KongPhoto by Louise Delmotte/Getty Images

HONG KONG (LifeSiteNews) — The trial of Cardinal Joseph Zen continues in Hong Kong as his defence have argued that the charges against the 90-year-old prelate should be dismissed.

Citing the Hong Kong news site Ming Pao, AsiaNews reported Monday that the defence proposed that the prosecution’s arguments should be dismissed, on the grounds that the trustees of the 612 Fund did not establish a society. 

In May, Zen was arrested under the terms of the draconian 2020 National Security Law. He was taken into police custody along with four other trustees of the now defunct 612 Humanitarian Relief Fund who are joining him in court. The Fund was established to offer “legal, medical, psychological, and emergency financial assistance” to those involved in the 2019 protests against the government’s Extradition Law Amendment Bill, which sought to allow prisoners to be transferred to mainland China for trial.

While they were arrested for alleged breaches of the National Security Law, the trustees are now being charged with failing to apply properly for registration for the 612 Fund.

The South China Morning Post (SCMP) reported that prosecutors have argued the 612 Fund needed to be registered with the police due to its “massive” size and “systematic” operations. SCMP wrote that a society must be registered with the police commissioner within one month of being set up. Failure to do so can lead to an initial fine of HK$10,000 (around $1,200).

Zen faces this financial penalty should he be deemed guilty by the court.

SCMP wrote that, for the purposes of the Chinese authorities, a society is described as “any club, company, partnership or association of persons, whatever the nature or objects, to which the provisions of [the] ordinance apply,” but exemptions exist for groups established “solely for religious, charitable, social or recreational purposes.”

Arguing for the prosecution, Anthony Chau Tin-hang said the 612 Fund was “political” and thus did not qualify for an exemption, reported SCMP.

According to AsiaNews, the defence argued that “trustees did not have reciprocal rights and obligations, so they did not form a society.”

Hong Kong Free Press added that lawyers for the defence stated that “to impose criminal sanctions on the failure to register [under the Societies Ordinance] must be an infringement of freedom of association.”

SCMP also reported that some of the defendants argued they had a “mistaken but honest and reasonable belief” in holding the 612 Fund did not require registration with the police commissioner. 

Local news outlets reported that the defence was due to make closing arguments on November 1, with further dates for the verdict as yet unknown.

READ: Bishop Schneider denounces ‘shameful’ arrest of Cardinal Zen, urges Pope to ‘make his voice strongly heard’

Beside Zen, the four trustees of the 612 Fund are former opposition legislator Margaret Ng Ngoi-yee; singer Denise Ho Wan-sze; cultural studies professor Hui Po Keung; and activist Sze Ching-wee.

A fifth trustee, Cyd Ho Sau-lan, was already in jail for “illegal assemblies.” All pleaded not guilty upon their arrest in May. 

Their trial was initially delayed after the presiding Magistrate Ada Him Shunyee (Shunyi) tested positive for COVID-19. It commenced at the end of October, with defendants giving their arguments earlier this week. 

The trial takes place only days after the Vatican announced it had renewed its secretive deal with China, which was first established in 2018, and later renewed in 2020. 

Zen has long been a vocal critic of the deal, accusing Francis of “encouraging a schism” and “selling out the Catholic Church in China.” He also styled the deal “an incredible betrayal.”

Though still secret, the deal allegedly recognizes the state-approved church and allows the Chinese Communist Party to appoint bishops.

The Vatican has been notably silent, and when pressed, at most noncommittal regarding the plight of the 90-year-old cardinal. Both Pope Francis and Vatican Secretary of State Cardinal Pietro Parolin have signalled their allegiance with China, rather than with Zen, and have continually defended the deal.

READ: Pope refuses to defend Cdl. Zen ahead of trial in Communist China, calls for ‘dialogue’

Speaking to reporters on the papal flight from Kazakhstan in September, Pope Francis refused to support Zen, or to describe China as “undemocratic.” The Pope also suggested that Zen was to blame for his trial: “Cardinal Zen is going to trial these days, I think. And he says what he feels, and you can see that there are limitations there.”

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