The 612 Humanitarian Support Fund used to support social activists was accused of not being a registered society. Six people, including Emeritus Cardinal Chen Rijun of the Catholic Church and artist Denise Ho, were charged with violating the "Societies Ordinance". The society claimed that they had no mutual rights and obligations in the fund, but the prosecution pointed out that the fund had involved 400 million yuan in transactions during the more than 20 months of its operation, and believed that it should be supervised.
Magistrate Yan Shunyi today (25th) in the West Kowloon Court ruled that all six defendants were guilty. Among them, five fund trustees including Chen Rijun, Wu Aiyi, Xu Baoqiang, He Xiulan and He Yunshi were fined 4,000 yuan. Chengwei was fined HK$2,500.
6 defendants: Chen Rijun, Wu Aiyi, Xu Baoqiang, He Xiulan, He Yunshi, and Shi Chengwei were charged with one count of "failure to apply for registration or exemption from registration within the specified time limit". On October 31, 2021, as a local community officer of the "612 Humanitarian Support Fund", he failed to register for the fund within the specified time limit.
The first five defendants are the trustees of the fund and the sixth defendant is the secretary of the fund.
There are 6 defendants in the case.
(See the picture below for details)
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The 612 Fund was established during the outbreak of the law amendment demonstration
The prosecution plan refers to the anti-extradition demonstrations that broke out in June 2019. The second to fifth defendants announced the establishment of the "Humanitarian Support Fund for the Injured and Arrested in the Anti-extradition Movement" on the 15th of the same month. On July 6th of the same year, the first four defendants As the trustee, announced that the fund was renamed "612 Humanitarian Support Fund", which refers to the foundation used to support those who have been violently suppressed.
The fund has been in operation until it ceased operation on August 18, 2021, and was dissolved on October 31 of the same year. The fund has never been registered during its operation.
Once funded the audio equipment for the demonstrations of the FDC
During the operation of the fund, there were a total of 103,000 entry records, involving about 270 million yuan, 7,600 withdrawals, involving 260 million yuan, account deposits of about 270 million yuan, and a balance of 70 million yuan.
The fund has funded many organizations, including about 218,000 yuan in audio equipment for the June 16 parade of the FDC; the Hong Kong tertiary education international affairs delegation went to London and Geneva to lobby, and was also subsidized 5,000 yuan for transportation and meal allowances, etc.
The prosecution alleges that the fund involving 400 million funds should be supervised
The prosecution believes that the fund is not a deletable category in the Schedule of the Societies Ordinance, so it must be registered within one month of its establishment, otherwise it will be a crime for the director of the society.
Moreover, the 612 Fund has held activities such as public fundraising, involving more than 400 million yuan in transactions, and must be regulated by the "Societies Ordinance" to let the public know the legitimacy of the organization.
Defense says accused not involved in mutual rights and obligations
The defense pointed out that the defendants did not have mutual rights and obligations, and believed that this is one of the indicators to determine whether the 612 Fund belongs to an association; as for the secretary of the fund, Shi Chengwei, he is a salaried employee. Reporting to the trustee obviously has no mutual rights and obligations with each trustee.
The prosecution pointed out that Shi was authorized to use the funds, and his functions were beyond that of ordinary employees. Yan Guan also questioned during the trial that the five defendants who served as trustees would raise funds in the name of their trustees, and they would get the consent of other trustees. Funds are available, think they have decision-making power.
Case No.: WKS 4829-4834/2022
The prosecution of the 612 Fund case pointed out that the organization involved in crowdfunding transactions of up to 400 million yuan and must be regulated by the Association Act Prosecutor claims that 270 million has been deposited into the account. The National Security Department complains about the 612 Fund case. Barrister Du Gankun: Concerned about discipline issues and will promptly deal with the 612 Fund Secretary Shi Chengwei to request the police to return legally confidential information
