612 Fund Societies Ordinance case: Appeal side says broad interpretation harms freedom of association; ruling due within 9 months
612基金社團條例案 上訴方指若採廣義詮釋損害結社自由 官9個月內判決
In the case alleging that the 612 Humanitarian Relief Fund was not registered as a society, its five trustees, dissatisfied with their convictions, lodged an appeal. The second day of the hearing took place on Thursday (4th), with the appeal side and the Department of Justice completing their submissions. The judge adjourned the case and will deliver a ruling within nine months, by September next year at the latest. Senior Counsel Gladys Veronica Chi Hei Li for the appeal side said that the more broadly the court interpreted the Ordinance, the greater the damage to freedom of association. Citing the Hong Kong National Party and the recent bans on two organisations operating in Hong Kong as examples, counsel said that many matters could now be dealt with under the National Security Law, and questioned the purpose of continuing to require societies to register. Counsel Harry Kwok Fai Lam said that Denise Ho genuinely believed the fund had been established for humanitarian support, rather than as a society. The Department of Justice argued that the “612 Fund” was a trust and also a society as defined by the Ordinance. It said the appellants had gathered to hold meetings for a common purpose and had also engaged in activities including public fundraising.
「612 人道支援基金」被指沒註冊為社團案，5 名信託人不服定罪提上訴，周四（4 日）展開第二天聆訊，上訴方和律政司完成陳詞，法官押後於 9 個月內，即明年 9 月或之前頒判決。 上訴方資深大狀李志喜稱，法庭愈循廣義詮釋條例，對結社自由就構成愈大損害，又引「香港民族黨」與近日兩組織被禁在港運作為例，指很多事現已可循國安法規處理，反問仍要求註冊社團有何用處。大狀林國輝則指，何韻詩真誠相信是出於人道支援而成立基金，而非社團。 律政司一方則認為「612基金」屬於信託，亦是條例定義下的社團，指上訴人為着共同目的聚在一起開會，亦有涉足公開籌款等活動。