Judge opens chambers hearings to the public
Civil legal proceedings held in chambers in the High Court, District Court, Family Court and Lands Tribunal will be open to the public and press from next month - with some exemptions - in a move to increase transparency.
Chief Justice Andrew Li Kwok-nang issued directions yesterday to lawyers stating that all chambers hearings will be held in public, except where the law specifically requires them to be closed and where an open hearing would damage the right to a fair trial.
The Bar Association welcomed the opening up of most hearings. It was consulted on the move, along with the Law Society, the director of legal aid, the official receiver and the Department of Justice.
Chambers cases that will remain closed include adoption proceedings, matters relating to children and financial provisions in matrimonial proceedings, and 'ex parte' or single-party applications for injunctions and similar orders.
But the court may still order the hearing to be open to the public in cases not covered by Article 10 of the Bill of Rights. Article 10 states the press and public can be excluded for reasons of 'morals, public order [ordre public] or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice'.
It also requires judgments in cases to be made public unless the interests of juveniles or children will be jeopardised.
A judiciary working party considered the issue of opening up chambers hearings in May 1997 and recommended that they should be conducted in public 'as much as possible.'
The working party's report was released at the time of a South China Morning Post campaign for open justice. The judiciary considered making changes to the law but decided last December to issue practice directions instead.
In a statement yesterday, the judiciary expressed regret for the time taken but promised the move would enhance transparency.
Bar chairman Philip Dykes welcomed the changes, which take effect on July 18.
'Of course it will enhance transparency in all kinds of cases, ranging from very tedious two to three-minute applications concerning directions for ongoing trials, to quite interesting matters relating to critical applications in the progress of quite important cases,' he said.
Mr Dykes said that in a case of public importance, the court generally would either hear it in open court or give the judgment in open court, but the practice directions would standardise the practice of opening up in chambers hearings and having to apply specific criteria to justify closing them.
