By Arthur Chan

Hong Kong, 4 December 2023: The legal community is bracing for a significant development early next year with the live broadcasting of court hearings. The move, which is designed to enhance the transparency of court procedures and boost public confidence in the judicial process, has been generally welcomed.

The scheme was first outlined by the Honourable Chief Justice Andrew Cheung in his speech at the opening of the legal year last January. He called live broadcasting of proceedings “a natural way forward”, taking advantage of improvements in technology in the face of limited seating capacity in the city’s courts.

He noted that not all trials, especially those involving a jury or vulnerable witnesses, were suitable for broadcasting and suggested appellate proceedings – for example, those in the Court of Final Appeal – would be a good starting point. He revealed that a working group had been formed to examine guiding principles as well as the practical steps required to implement the scheme.

Matters have moved quickly since, with the Judiciary recently informing the Legislative Council’s Panel on Administration of Justice and Legal Services that it is “planning to take forward a trial run on selected cases for this initiative in early 2024” and that further details will be announced in due course. The Judiciary adds: “Open justice is the fundamental principle of maintaining public confidence in our judicial system and upholding the rule of law.”

The move brings Hong Kong into line with countries such as Canada, the UK, Australia and the US, which all broadcast proceedings in their top courts, albeit with some differences in how this is done. The US Supreme Court only posts audio files while the High Court of Australia provides video recordings a day after it finishes sitting.

The UK began live streaming of hearings in its Supreme Court in 2009 and expanded this to the Court of Appeal in 2013. Last year, the sentencing in a criminal trial in the UK was shown live on television for the first time, although filming was limited to the judge’s sentencing remarks, with only the judge appearing on camera. The British government said the move would give the public a greater understanding of the judicial process.

There are obvious pros and cons with live streaming of court proceedings. Many hearings are held in open court – meaning members of the public can attend – but there is limited seating space, a significant problem when a case attracts a great deal of public interest. Live broadcasting will allow citizens, plus other viewers overseas, to understand how justice is delivered in Hong Kong and to see the rule of law in action. For young lawyers and law students, there is the educational benefit of watching experienced barristers present their arguments and witnessing how judges handle proceedings.

On the other hand, there will concerns about counsel grandstanding for the cameras, the possible impact of broadcasting on participants, and the chances of generating a social media frenzy in certain high-profile cases. There are also fears that live broadcasting will increase the risk of doxxing of judges and counsel. Hence, the suggestion that the pilot scheme should start with appeal hearings, where such issues are less likely to arise, makes sound sense.

The broadcasting initiative is part of the Judiciary’s efforts to make greater use of technology in courts, both to increase transparency and improve efficiency. These include:

Remote hearings: Using video-conferencing, these have been conducted in civil proceedings for almost four years with more than 1,700 cases heard so far. The Judiciary is working on a draft Courts (Remote Hearing) Bill which will seek to pave the way for such hearings in criminal proceedings.

E-bundles at court hearings: E-bundles are digital records, as opposed to paper files, and have been used in the Court of First Instance and Court of Appeal since 2017, while the scheme was extended to suitable civil cases in the District Court in 2020. The Judiciary says it will continue to encourage further use of e-bundles.

Integrated Court Case Management System (iCMS): This online service was introduced to the District Court in May last year and Magistrates’ Courts seven months later. It will be extended to higher courts next year. It offers court users flexibility in submitting documents, searching and inspecting filed documents and making electronic payments. Some 76,270 new cases have been initiated under the iCMS, representing almost a quarter of the relevant new cases during the period.

The live broadcasting of hearings will put the Judiciary’s modernisation measures even more in the spotlight. We await further details – such as what technology will be used and how the authorities plan to guard against unauthorised use of footage – with interest. Overall, it should be considered a welcome development.

Arthur Chan is a Senior Associate with BC&C. He specialises in Criminal Litigation and cyber fraud recovery claim and also develops a broad range of civil and commercial litigation such as immigration, personal injuries and employment issues. He has successfully dealt with cases involving account freezing and recovery, in one notable instance retrieving more than US$1 million that was stolen in an email scam. He can be contacted at Arthur@boasecohencollins.com.