In February 2025, we published an article on the gazette of The Courts (Remote Hearing) Bill: https://hauzen.hk/remote-hearings-set-to-increase-in-hong-kong. This has now evolved into a concrete legal framework.
The Courts (Remote Hearing) Ordinance (Cap. 645) (“Ordinance”), effective on 28 March 2025, is a legislative measure that moves the administration of justice from the physical courtroom into the digital realm. This is a separate initiative from the e-filing system, governed by the Court Proceedings (Electronic Technology) Ordinance (Cap. 638) which came into effect on 1 October 2021 and the integrated Court Case Management System (iCMS) first launched in May 2022.
This article explores the key provisions, practical implications, and critical considerations of this landmark Ordinance, which aims to balance the efficiency of modern technology with the unwavering principles of open justice and procedural fairness.
What is the Ordinance?
At its core, the Ordinance grants Courts the explicit legal authority to conduct hearings, in whole or in part, through remote communication technology. This means that judges, magistrates, lawyers, parties, witnesses, and interpreters can participate in a Court proceeding from separate locations via video conferencing, telephone, or other approved electronic means.
Key Provisions
1. Scope and Application (Part 1)
- Applies to all Hong Kong Courts, including the Court of Final Appeal, High Court, lower courts, specific tribunals, and the Government.
- Certain proceedings are excluded from remote hearings – criminal trials and hearings before the Juvenile Court (see Schedule 1).
- Proceedings involving national security may not be conducted remotely.
2. Remote Hearing Orders (Part 2)
Courts may, on their own motion or at any party’s request, order a proceeding to be conducted via remote means (live audio, live audio-visual, or other designated real time communication facilities).
For excluded proceedings, only parts (not evidence by vulnerable witnesses under Criminal Procedure Ordinance (Cap. 221)) may be conducted remotely.
Making, affirming, varying, or revoking remote hearing orders requires the Court to consider the numerous factors. They include:
- Nature, complexity, and urgency of the case
- Evidence to be presented
- Parties’ views, maintenance of parties’ rights and parties’ ability to participate
- Special circumstances (disability, health, etc.)
- Whether privileged communications between parties and their respective legal representatives may be affected
- Potential impact of the order on the assessment of the credibility of witnesses and the reliability of the evidence presented
- Right to fair trial
- Quality and security of remote facilities and their availability
- Public order or emergency concerns
3. Operations of Remote Hearing (Part 3, Divisions 1 and 2)
- Judges and Judicial Officers:
- Deemed to be physically present when presiding remotely.
- May conduct remote hearings from official Court premises or other places as directed by the Chief Justice.
- All usual powers and authorities are preserved as if the hearing were physical.
- Participants (includes parties, witnesses, legal representatives):
- May attend from within or outside Hong Kong.
- Deemed physically present when attending via remote means.
- Subject to the same Hong Kong laws regarding evidence, procedure, contempt of court and perjury, wherever located.
4. Transmission and Handling of Evidence (Part 3, Division 3)
- Documents and objects may be exchanged and presented electronically in remote hearings as directed by the Court.
- Signing/writing requirements can be fulfilled electronically as per Court direction.
- Related electronic transaction laws remain applicable.
5. Public Access and Broadcasting (Part 4)
- Open (public) proceedings: Court must direct measures to allow public access, unless exceptions apply (e.g., under Article 10 of Hong Kong Bill of Rights (Equality before courts and right to fair and public hearing)).
- Broadcasting: The Court may authorize broadcasts of open remote hearings, either at specified locations or via other means.
6. Offences and Penalties (Parts 5 and 8)
Recording or publishing protected sessions/subjects of proceedings, whether remote or physical, without court permission, is a criminal offence, with hefty penalties:
- Up to HK$100,000 fine (level 6) and five years in prison on indictment.
- Summary conviction: Up to HK$50,000 fine (level 5) and up to two years’ imprisonment.
Similarly, through amendments to Summary Offences Ordinance (Cap. 228)), recording or publishing remote hearing broadcasts and in-Court audio/visuals can result in a HK$50,000 fine and up to one year imprisonment.
“Reasonable excuse” is an available defence.
Implementation and Challenges
The Judiciary has been stepping up the promotion of the use of remote hearings more often in suitable Court proceedings, including short proceedings (such as three-minute hearings) and non-trial criminal proceedings (such as bail applications).
Despite its advantages, there still exists challenges:
- Not all participants have equal access to reliable internet, suitable devices, or the digital literacy required for effective participation.
- Assessing a witness’s credibility can be more challenging through a screen, where body language and demeanour may be less perceptible.
- The potential for hacking, unauthorized recording, or interruptions by others in a participant’s location remains a concern that requires robust technological solutions.
Conclusion and Takeaways
The Ordinance is a foundational step towards a modern, flexible justice system. For businesses, it presents an opportunity to resolve disputes more efficiently, but it also demands a new level of strategic and technical preparedness.
Please contact Hauzen LLP if you are interested in exploring more and for specific advice on your situation.