Organizing a group to help people in distress used to be something Hong Kong people could do without fear. Not anymore.
On September 3, the Hong Kong Court of Appeal affirmed the conviction of five 612 Humanitarian Fund trustees for failing to register the fund under the Societies Ordinance. It\u2019s just the latest example of the government weaponizing colonial-era laws to dismantle civil society organizations.
The 612 Fund was established in 2019 through public donations to cover medical and legal expenses for demonstrators arrested during the\u00a0pro-democracy protests. It ceased operations in 2021. The following year, its five trustees\u2014including Cardinal Joseph Zen, the barrister Margaret Ng, and the singer Denise Ho\u2014were fined HK$4,000 (US$510) for failing to register as a society. Separately, they were also\u00a0arrested under the newly adopted\u00a0National Security Law for alleged \u201cforeign collusion\u201d; that case remains open.
The ruling has serious rights implications for organizations in Hong Kong. The\u00a0Societies Ordinance defines \u201csociety\u201d so broadly that virtually any informal group can fall within it. To operate legally, a group must provide\u00a0personal informationto police and meet strict, continuing reporting obligations, allowing authorities to monitor everyday civic activity. Yet the appeals court\u00a0ruled that these requirements did not impose \u201can unacceptably harsh burden\u201d on freedom of association.
The ordinance was enacted by the British colonial government in 1911 primarily to control gangs. The United Nations Human Rights Committee and\u00a0civil society groups have long criticized the law for its vague language and sweeping scope.
In the two decades since the United Kingdom handed sovereignty over Hong Kong to China in 1997, the authorities started using the Societies Ordinance with increasing frequency against pro-democracy groups. They have used it to ban the\u00a0Hong Kong National Party, prosecute\u00a0trade union leaders, and pressure the\u00a0Civil Human Rights Front to disband. Other colonial-era laws, including\u00a0sedition provisions and the\u00a0Public Order Ordinance, have also been repurposed against civil society.
While the 2020 National Security Law imposed by Beijing remains the authorities\u2019 most powerful tool against dissent, the 612 Fund case shows that the authorities are selectively applying yet another law to restrict freedom of association rights, punish advocacy, and bring civic life under heavy-handed police scrutiny.
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