Hong Kong Judiciary Revolutionising Court Proceedings With Historic Live Stream

Hong Kong Judiciary Revolutionising Court Proceedings With Historic Live Stream

Hong Kong Judiciary Revolutionising Court Proceedings With Historic Live Stream 1400 788 Nigel Binnersley

Curious about what happens in a court hearing? Now you can watch live broadcasts of selective proceedings in Hong Kong courts.   

Live Broadcasting Plan

During the Ceremonial Opening of the Legal Year in January 2023, the Chief Justice of the Court of Final Appeal (CJ) indicated that the Judiciary was “actively exploring” the idea of live broadcasting certain court proceedings.  

As an update, the Judiciary, on 10th January, 10am, for the first time, lived streamed a court hearing as part of test run for plan to boost the public’s access to the legal system. The first case chosen to be streamed comes from the Court of Final Appeal MK v Director of Legal Aid, a case challenging in judicial review proceedings the non-recognition of same sex couples under Hong Kong Law. 

Considerations

Live broadcasting of court hearings is considered a “natural way forward” to enhance the transparency of court procedures, increase public confidence in the judicial process, facilitate public access to the legal system, and educate the public.  

However, there are underlying considerations that need to be taken into account. These include:- 

  1.  Nature of proceedings – Not all proceedings are inherently suitable for live broadcasting, in particular criminal trials, trials by jury, and trials involving vulnerable witnesses. In contrast, appellate proceedings, such as hearings in the Court of Final Appeal, may have strong justification for live broadcasting. 
  2. Legitimate concerns – Concerns of the possible misuse of the broadcast material, doxxing of judges or legal representatives, or sensitivity of cases may need to be considered.
  3. Access to technology –  To uphold the principle of judicial fairness and impartiality, and to ensure access to justice, technology initiatives should not pose obstacles for those who cannot afford to use, or are incapable of using the relevant facilities or technology.
  4. Security risks – To ensure public trust and confidence in the administration of justice, the security risks involved in the use of technology should be carefully assessed and addressed.
  5. Keeping up with changes – The use of technology for the court process should be constantly reviewed so as to keep up with the rapid technological advancements and changing public expectations.  

While these principles may be addressed during the testing period, future issues such as the format of the live broadcasting (video or audio), the appropriate platform (YouTube channels, TV channels, or Judiciary’s webpage), the possibility of delayed streaming (to guard against unexpected issues), the setting of the courtrooms (e.g. the positioning of the cameras/recording devices), and the permission to televise or re-broadcast the content need to be resolved.  

We hope discussions between the Judiciary and the stakeholders, in particular the legal sector, will continue on the proper arrangements. 

Way Forward

The live broadcasting development in 2024 is an exciting step towards aligning with the global trend of digitalising the court process, e.g. in Mainland China, the UK, the US, and Australia. Updates will be provided when the details of this initiative are published.  

Meanwhile, stay tuned for our further updates on the other technology initiatives of the Judiciary, such as the extended use of the e-court filing system, namely the iCMS, to the Court of Final Appeal and the High Court, which is also expected to take place in 2024.  

Contact us today if you need help with Hong Kong / international litigation / arbitration and related procedures. 

 

[Reference] 

[1] Press Release of CJ’s speech at Ceremonial Opening of Legal Year 2023, accessible at: https://www.info.gov.hk/gia/general/202301/16/P2023011600599.htm.   

[2] LC Paper No. CB(4) 1000/2023(02) Judiciary Administration’s paper for the Legislative Council Panel on Administration of Justice and Legal Services on “Greater Use of Technology in the Judiciary”, accessible at: https://www.legco.gov.hk/yr2023/english/panels/ajls/agenda/ajls20231127.htm.    

[3] SCMP, Hong Kong courts to live stream proceedings to boost transparency, confidence in justice system, accessible at: https://www.scmp.com/news/hong-kong/law-and-crime/article/3242360/hong-kong-courts-live-stream-some-proceedings-boost-transparency-confidence-justice-system 

[4] Hong Kong Court of Final Appeal https://www.hkcfa.hk/en/work/broadcast/hearings/index.html 

Back to top
Privacy Preferences

When you visit our website, it may store information through your browser from specific services, usually in the form of cookies. Here you can change your Privacy preferences. It is worth noting that blocking some types of cookies may impact your experience on our website and the services we are able to offer.  View our Legal Notices

For performance and security reasons we use Cloudflare
required
Click to enable/disable Google Analytics tracking code.
Click to enable/disable Google Fonts.
Click to enable/disable Google Maps.
Click to enable/disable video embeds.
Our website uses cookies, including from 3rd party services. Define your Privacy Preferences and/or agree to our use of cookies.