• Thu
  • Oct 3, 2013
  • Updated: 6:57pm
Column
Thursday, 26 September, 2013, 3:03pm

Time to allow cameras in Hong Kong courts

Cliff Buddle says as courts elsewhere begin to loosen rules on coverage by allowing videos and live streaming, ours should do so too

There is nothing like a court drama to grip the public's imagination and Bo Xilai's recent trial had all the necessary ingredients - wealth, power, sex, violence and political intrigue.

No wonder it became an internet hit, with edited transcripts of the proceedings drawing hundreds of thousands of followers to the Jinan court's official weibo account. The surprise release of the transcripts has been hailed by some as a landmark for the development of open justice on the mainland.

Such claims should not be overstated. The trial was not open to the public and media access was strictly limited. The transcripts themselves were censored. The move was therefore, at best, a carefully controlled release of information, at worst, part of a sophisticated propaganda exercise - a show trial for the social media age.

But some transparency is better than none. The content of the transcripts sparked much debate on the internet, including expressions of sympathy for Bo, who was jailed for life for corruption on Sunday. It is encouraging that other mainland courts are releasing live updates on criminal trials through social media. This is no substitute for allowing the media to report cases freely, but it is a start.

The debate should make us consider how open our court proceedings are in Hong Kong. We like to think of our system as being an open one. Trials are generally open to the public and are widely covered by the media. Written judgments can be found on the judiciary's website.

But court documents and transcripts of trials are not easy to obtain. They should be readily available. Journalists are not allowed to send text messages or tweets from court. And cameras are banned.

We are falling behind other parts of the world. The Supreme Court in the UK allows live streaming of hearings and has a YouTube channel for video clips featuring summaries of the court's judgments.

They may not make gripping viewing, but there is much to be said for allowing people to see the judge delivering the decision of the court. The video summaries are much easier to digest than written judgments. They further public understanding and awareness of the legal issues.

That is why the UK is now extending the use of cameras in the courts. It is not alone. Australia's High Court will feature videos of court proceedings on its website from next month.

Critics of televising the courts usually point to controversies in the US, where cameras have been in some courts since the 1970s. There are fears that witnesses will be deterred from giving evidence, defendants humiliated and that the public will make snap judgments about guilt or innocence.

But such concerns arise mainly when evidence is given in criminal trials and would not be a problem for the delivery of judgments or cases in the higher courts. The UK experience shows the worst excesses can be avoided. We should start by broadcasting summaries of judgments being delivered in the Court of Final Appeal. This is, after all, where the most important rulings are made. It is time to put our judges on camera to ensure justice is not only done, but can be seen by the viewing public to be done.

Cliff Buddle is the Post's editor, special projects

Comments

Yingnam Fong
Why not consider to computerize the records of judicial decisions first? Transparency and consistency are the two topics of interest to the local public. Hong Kong has no rush to follow the examples found in UK and mainland nor the need to care about what is going on in the United States.
ianson
The more open the better but Cliff might want to consider asking our courts to walk before they run into the 21st Century: members of the public cannot even obtain a copy of a court's audio recording (let alone a transcript) and even parties to a case have no right to it but have to go on bended knee to the judge and convince him or her before it will be released, a request sometimes refused - get that, even one of the parties before the court can't have it. So we have a long, long way to go before we'll see the likes of streamed court video, as positive a step as that would be for the protection and preservation of the rule of law in Hong Kong, to which the Judiciary Administrator pays no more than lip service.
PCC
Good luck with that, Mr. Buddle. In a world full of hidebound legal jurisdictions, Hong Kong has got to be one of the most hidebound legal jurisdictions of all. For example, the entire system shuts down for the entire month of August. Holiday time, don't you know? Plaintiffs and defendants can go hang. Pigs will fly before Hong Kong courts allow the public to watch them at work.

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