Gov't introduces bill for remote court hearings

First reading of the bill will be on 4 December.

The government has gazetted the Courts (Remote Hearing) Bill, aiming to establish a clear legal framework for judges and judicial officers to order remote hearings across various levels of courts and tribunals. 

A government spokesman emphasised the judiciary’s commitment to using technology to enhance court operations, addressing the growing expectations of court users and the broader community. 

The spokesman clarified that courts will only order remote hearings if it is fair and just, based on a range of relevant considerations. Such decisions will remain within the court’s existing case management powers.

The bill specifies the factors courts must consider when issuing remote hearing orders and details the operational aspects of such hearings, including judicial powers, participant attendance, evidence presentation, and the handling of documents. 

It also defines the scope and exceptions to the use of remote hearings, explicitly excluding proceedings related to national security and criminal trials in other cases. 

To ensure transparency, the bill incorporates safeguards for open justice in remote hearings. It further introduces new offences, criminalising the unauthorised recording, publishing, or broadcasting of court proceedings, whether physical or remote. 

Two rounds of consultations on the draft bill were conducted in February 2021 and June 2022. Public feedback was positive, particularly regarding the use of remote hearings for civil and criminal cases. 

Key stakeholders, including the Hong Kong Bar Association, the Law Society of Hong Kong, and law enforcement agencies, have expressed support for the legislation. They view it as a step towards greater flexibility and efficiency in court proceedings, especially in handling unforeseen situations. 

The Legislative Council is set to review the bill’s first reading on 4 December.