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  • mediazioni e arbitrati, risoluzione alternativa delle controversie e servizi di mediazione e arbitrato

    » 07/12/2011, 00.00


    Propaganda Fide and Fr Lei Shiyin’s excommunication

    The Congregation for the Evangelisation of Peoples explains the causes and effects of the excommunication of Fr Lei Shiyin, who was ordained in 29 June without papal mandate. He can no longer celebrate Catholic rites nor govern the diocese. Any possible cancellation of the excommunication or forgiveness by the Holy See does not make him automatically bishop. The bishops who have taken part in the ordination are deemed excommunicated unless they can clearly demonstrate that they were forced to take part in the service. An appeal is made to all to pray for the bishops on the eve of another unlawful ordination in Shantou.
    Vatican City (AsiaNews) – As requested by many of the faithful, priests and bishops of China, the Congregation for the Evangelisation of Peoples issued today a statement to clarify the situation of the bishops who took part in the unlawful ordination in Leshan on 29 June (see Jian Mai, “Leshan: seven legitimate bishops take part in Episcopal ordination that had no papal mandate,” in AsiaNews, 29 June 2011). Structured as a set of questions and answers, like a short catechism, the text is only for pastoral purposes, even though it closely respects Canon Law. The text explains a previous statement by the Holy See on the Leshan ordination (see Bernardo Cervellera, “The Holy See condemns Leshan ordination,” in AsiaNews, 4 July 2011). In it, the ordained bishop (Fr Lei Shiyin) and seven ordaining bishops were informed of their excommunication.

    In the answers provided today, the causes and effects of the excommunication are specified. How the latter can be reversed is also explained. It is made clear that Fr Lei will not be considered a bishop of the Catholic Church even if his excommunication were cancelled.

    Priests and believers in China are especially urged to pray for their pastors.

    Here is the full text of the answers, also available on the
    Catholics in China website.

    The text is released on the eve of another unlawful Episcopal ordination in Shantou (Guangdong).

    This is a response from the Congregation for the Evangelisation of Peoples to questions raised by the faithful in China regarding the Declaration of the Holy See (4 July 2011) on the illegitimate Episcopal ordination of Leshan (29 June 2011).

    The response given here is of merely pastoral concern.

    Some experts of Canon Law have been consulted in articulating the answer.

    Regarding Fr. Paul Lei Shiyin

    1. Is Father Paul Lei Shiyin now in the state of latae sententiae excommunication?

    Yes! By the very act of receiving Episcopal ordination without the pontifical mandate, Fr. Lei has already incurred the latae sententiae excommunication (See Can. 1382) which is further “declared” publicly by the Holy See. Excommunication is a very severe form of penalty in the Church that excludes the excommunicated person from the visible communion of the faithful.

    2. What does it mean by a public declaration of this kind?
    A public declaration of a latae sententiae penalty in the Church is intended to make it clear to the offender that he has incurred the prescribed canonical sanction, and to make known to the faithful the canonical situation of the offender. In the present case, it is also meant to summon Fr. Lei to repent at once by approaching the Holy See (Can. 1382). At the same time, this public declaration urges vigorous action to be taken by the Church in China (namely Bishops, Priests, Religious, and Laity) to resist any form of illegitimate Episcopal ordination. A declared excommunication is a “must” for the Holy See, if circumstances should at any time oblige and, above all, when the good of the souls is seriously at stake.

    3. Does excommunication mean being expelled from the Church?
    No. The Church has both visible social and invisible mystical dimensions. The excommunicated person, to a certain extent, is excluded from active participation in Catholic community life in a visible social sense with all its juridical effects (Can. 1331). The same person by virtue of the baptism remains a member of the Church—the mystical body of Christ. That is why he can still approach the Holy See, which is the only place he can go for reconciliation.

    4. What are the juridical effects of Can. 1331?

    The excommunicated person is forbidden to celebrate the Holy Mass, to administer/receive sacraments, or to hold any ecclesial office. He, though ordained bishop, has no power to govern the diocese. Thus, priests and faithful (except for grave cause, e.g., in point of death) should not only avoid receiving sacraments from him, but also keep him away from celebrating all forms of liturgy or Ecclesial ceremony, and to suspend the liturgy or ceremony, in case he does not observe the prohibition. In short, such penalty deprives the excommunicated person from some spiritual good, so that through this “medicinal” penalty he may soon come to real repentance.

    5. Can Fr. Lei be forgiven?
    Yes. The “public declaration” is meant precisely for that. Fr. Lei has to immediately approach the Holy See for forgiveness. Then, he has to implement meticulously the instruction given to him by the Holy See. Afterwards, the Holy Father, based on his true repentance, removes his excommunication. Until then, he will remain excommunicated.

    6. Once his excommunication is removed, can Fr. Lei automatically exercise the Episcopal ministry?
    No, he cannot. The removal of excommunication is one thing; and the Episcopal appointment is another. These two things are distinct. The Holy See has so far expressed that for some serious reasons Fr. Lei cannot be appointed bishop. In other words, even if his excommunication is removed, he is not entitled to acting like a bishop, wearing a bishop’s insignia, and being addressed as bishop.

    Regarding the Consecrating Bishops

    7. What is the current status of the seven consecrating bishops?
    They have exposed themselves to the grave canonical sanctions laid down by the law of the Church (Declaration 04.07.2011). This means that “when an external violation has occurred, imputability is presumed unless it is otherwise apparent” (Can 1321, §3). The “presumed imputability” means that there is a sufficient reason to ascertain that these bishops actually committed a grave act of indiscipline through the illegitimate Episcopal ordination and, thus, are presumed to have incurred the excommunication, unless the contrary is proved.

    8. Can they continue their normal Episcopal ministry?
    No, they may not do so, as long as their “presumed imputability” is not removed.

    9. What should they do?
    First and foremost, it is their duty to immediately approach the Holy See for forgiveness and to explain reasons for which they have participated in the illegitimate Episcopal ordination and wait for the reply from the Holy See.

    10. What, if a consecrating bishop in his conscience holds that he has not incurred the excommunication?
    “Conscience” is a sacred place where the bishop in question has to stay honest to God. However, other people cannot see through his conscience. As long as the “presumed imputability” is not removed, the bishop in question has to abstain from all public ministries. In the meantime, he remains obliged to approach the Holy See.

    11. Should their priests and faithful avoid receiving sacraments administered by them?
    Yes, they should, not because the priests and faithful are in a position to judge the conscience of the bishop in question, but because the “presumed imputability” is not yet removed.

    12. What else can the priests and faithful do when the “presumed imputability” of a consecrating bishop is not yet removed?
    First of all, they should remain firm in their faith and keep safeguarding the unity of the community. As to their bishop with “presumed imputability”, the priests and faithful are very much encouraged to pray for him and to remind him, when needed, of the teaching of the Church. Illegitimate Episcopal ordination does not only violate seriously the discipline or obfuscate the doctrine, but above all profoundly wound the communion of the Church.

    Prayer is of utmost importance that our pastors be always strengthened and accompanied by the Lord. In fact, in China there are admirable bishops. “We must thank the Lord”, said the Holy Father, “for this constant presence, not without suffering, of Bishops who have received Episcopal ordination in conformity with Catholic tradition, that is to say, in communion with the Bishop of Rome, Successor of Peter, and at the hands of validly and legitimately ordained Bishops in observance of the rite of the Catholic Church.” (N.8 Letter of Benedict XVI to the Church in China).
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    See also

    18/07/2011 CHINA - VATICAN
    Chinese Church "resists" excessive power of Government and Patriotic Association
    Faithful and priests have stopped the "kidnapping" of Msgr. Pei, designated to preside over the illicit ordination of Shantou. Yesterday in the dioceses of Guangdong the declaration of the Holy See was issued, greeted by applause. For months Harbin priests have resisted the illicit ordination of bishop. Members of the underground Church are asking the Vatican to proceed with the ordination of bishops for their communities.

    20/12/2008 CHINA - VATICAN
    Beijing, Vatican must break with Taiwan and not interfere in domestic affairs
    Celebration of the 50th anniversary of the autonomy of the Chinese church in the area of the appointment and ordination of bishops. Patriotic bishop Ma Yinglin, ordained without the approval of the Holy See, also present. Hopes for dialogue with the Vatican may be vanishing.

    19/03/2009 VATICAN - AFRICA
    Pope: faith holds answer to those who want to impose the "reign of money"
    On the feast of Saint Joseph, Benedict XVI tells fathers and mothers to look to the saint as an example of trust. In Cameroon, the presentation of the working document for the Synod for Africa. In a cordial meeting with Muslims, the pope again talks about faith and reason. "God loves you," he tells children who have been abused and forced to become soldiers.

    16/07/2011 VATICAN - CHINA
    Holy See condemns illegal Bishop of Shantou, appreciates "resistance" of bishops and faithful
    Fr. Joseph Huang Bingzhang is publicly excommunicated. Many times, the Vatican had said he could not become a bishop. Appreciation for bishops, priests and faithful who have resisted participating in the ceremony. Fears of government revenge: a appeal to AsiaNews. The Pope’s sorrow and the right of Catholics to freedom

    14/07/2011 CHINA – VATICAN
    Eight bishops in communion with the pope forced to take part in illegitimate ordination in Shantou
    This is the first ordination since the illegitimate bishop of Leshan was officially excommunicated. About 1,500 people (out of 140,000) took part in the ceremony. Some participating bishops say they were forced to participate. Required to attend, Mgr Pei Junmin was able to stay away thanks to his priests.

    Editor's choices

    On “Hong Kong sectors” supposedly "against Francis"

    John Mok Chit Wai

    A scholar at the Chinese University of Hong Kong, who collaborates with AsiaNews, responds to accusations against the agency and people in Hong Kong with respect to criticism of the Vatican’s diplomatic approach towards China. Religious freedom is a fundamental human right and a universal value, whether in China, Russia or the Middle East. Between "Right" and "Left", China defines itself as left, yet it practices state capitalism and unfettered capitalism just as "right-wing governments" do. Gaudium et Spes calls on the faithful to engage in politics against the "arbitrary domination by [. . .] a political party,” like in China.

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