The sacrament of penance, also known as confession, is an important Lenten preparation for Catholics in Hong Kong. However, a new national security law, Article 23, poses a threat to the confidentiality of the confessional. The law, passed by Hong Kong’s assembly in March, requires reporting individuals known to have committed “treason” within a certain time frame or face up to 14 years in prison. This could potentially allow Beijing-controlled police to demand information obtained in confession from clergy and social workers. Despite this, the Diocese of Hong Kong has affirmed that the legislation of Article 23 will not alter the confidential nature of the sacrament of reconciliation.
The Church’s code of Canon Law states that the sacramental seal of penance is inviolable, and it is forbidden for a priest to betray a penitent in any way. Pope Francis has emphasized the importance of the inviolability of the sacramental seal in a note published in 2019. This secrecy is rooted in the nature of the sacrament and is not subject to exceptions, even in the civil sphere. The Chinese government’s attack on the religious freedom of Catholic priests and the laity in Hong Kong is evident in its disregard for the sanctity of the confessional.
International experts have expressed concerns about the threat to religious freedom in Hong Kong posed by Article 23. The legislation criminalizes activities that advocate for legislative changes or criticize the People’s Republic of China. Catholic media mogul Jimmy Lai, who has faced imprisonment multiple times, is one of many who have defended democracy in Hong Kong. Retired bishop Cardinal Joseph Zen has also spoken out against authoritarianism and was arrested on national security grounds. In the United States, attempts have been made to remove the Catholic Church’s right to the seal of confession, but so far, these efforts have been unsuccessful.
The possibility of authorities in Hong Kong using surveillance techniques like bugging confessionals to gather information from Catholics seeking absolution is a real concern. The international community is called upon to speak out against the threat to religious freedom in Hong Kong and defend the confidentiality of the confessional. The sanctity and inviolability of the sacramental seal of penance must be protected, even in the face of oppressive laws that seek to breach this sacred trust between clergy and penitents. Andrea Picciotti-Bayer, Director of the Conscience Project, emphasizes the importance of upholding this fundamental aspect of Catholic faith and practice in the midst of growing challenges to religious freedom.
