The most recent illicit ordination in China took place in November 2010. The government, which directs the Chinese Patriotic Association, had also scheduled an ordination for June 9, but was postponed at the last minute due to resistance from both Catholics and the priest selected to be ordained bishop.
The pontifical council’s statement refers to the correct application of canon 1382, which states that “a bishop who consecrates someone a bishop without a pontifical mandate and the person who receives the consecration from him incur a latae sententiae excommunication reserved to the Apostolic See.”
The statement considers “grave fear, unjust provocation, ignorance of canon law,” and others causes, “to be extenuating circumstances that preclude a latae sententiae penalty” in the case of an ordination without the Pope’s permission.
It also recognizes that each participant in such an ordination “knows the degree of his personal involvement in his heart, and an upright conscience will indicate to each person whether or not he incurs a latae sententiae penalty.”
It also reiterates that anyone who incurs excommunication may not take part in the celebration of the Eucharist or any other public ceremony, celebrate or receive the sacraments, or exercise any office of ecclesial governance. To do so would be to “commit a morally illicit act and therefore a sacrilege.”
In some cases, the statement notes, the Holy See will be responsible for declaring automatic excommunication, if it exists, or for imposing “other sanctions or penances, if necessary to repair the scandal, to clear up confusion among the faithful and, in general, to safeguard ecclesiastical discipline.”
