By Arthur Chan
Hong Kong, 24 March 2025: In a significant move, the Judiciary is to launch a two-year pilot scheme for the live broadcasting of hearings in the Court of Final Appeal. The scheme will begin on 1 April and involve “substantive appellate proceedings”.
The development comes after the Judiciary conducted four trial runs of live broadcasting from the top court via the CFA website last year for testing the technical feasibility of the arrangements, as well as the logistical and operational details.
The first two CFA hearings will be broadcast live on 1 and 7 April. Public viewing will be similar to the trial runs in that it will be arranged via the CFA website which can be accessed from computers and mobile devices. Core written materials will be posted on the CFA website in advance.
Two categories of cases will not be broadcast: (a) Proceedings related to national security, high-profile public order cases, or highly politically charged cases; (b) Hearings where the protection of the interests of children or mentally disabled adults, privacy interests, trade secrets or commercial confidentiality and the like is required.
The Judiciary says these exceptions are designed to preserve judicial decorum, prevent excessive pressure on litigants and lawyers, and safeguard the fair and proper administration of justice. When such exceptions apply, hearings remain open to the public, who may still attend in person as they are always entitled to do, unless otherwise directed by the CFA.
It is worth stressing that members of the public, including the media, must not record the live webcast or use the footage for any purpose. The Judiciary says measures will be implemented to deter unauthorised recording, screen capturing and illegal distribution of the footage. Once the live webcast ends, videos of the court proceedings will be available on the CFA website for one month to allow easy access and flexible viewing.
It should also be noted that following the enactment of the Courts (Remote Hearing) Bill, which is expected to resume its second reading debate in the Legislative Council soon, the offence provisions relating to unauthorised recording and broadcasting of court proceedings will apply to the CFA pilot scheme.
The Judiciary’s initiative 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. The sentencing in a criminal trial in the UK was shown live on television for the first time in 2022, although filming was limited to the judge’s sentencing remarks, with only the judge appearing on camera.
In conclusion, the green light for further CFA broadcasting is to be welcomed, demonstrating as it does the Judiciary’s commitment to open justice and maintaining public confidence in the judicial system. The webcasts 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.
Arthur Chan is a Partner 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.
