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Hong Kong courts
Opinion
SCMP Editorial

Editorial | Expanding use of remote court hearings makes sense

  • It makes sense to explore allowing criminal proceedings to be heard via video conferencing as has been the case with civil hearings. But care must be taken to ensure the efficiency brought by remote hearings does not undermine the quality of justice

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epa08363689 A statue of Lady Justice sits on top of the Court of Final Appeal in Central district, Hong Kong. Photo: EPA-EFE
One brief diversion from the pandemic last year was a remote court hearing in the US which saw a lawyer unintentionally appear on screen in the form of a cute cat. The unfortunate attorney couldn’t work out how to turn off the cat filter and ended up pleading with the judge: “I am live. I’m not a cat.” His embarrassment was humorous and harmless. He took it in good heart. But the affair serves as a reminder of the pitfalls of using video technology for court hearings.

Courts around the world swiftly embraced remote hearings as a way of ensuring the wheels of justice continue to turn during the pandemic. Covid-19 has played havoc with schedules. Hearings have been adjourned and the delivery of justice delayed. Hong Kong is no exception. It permitted the use of video conferencing in civil hearings considered suitable in the early months of the pandemic in 2020. Documents can be submitted electronically. But some traditions remain – the judge still wears a wig and gown.

Such hearings have become important again this year with the judiciary announcing a general adjournment of proceedings between March 7 and April 11 amid the latest wave of cases.

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Even before the outbreak, the courts were facing a heavy caseload and a shortage of manpower. They could ill-afford the further disruption caused by the renewed spread of Covid-19.

The Law Society has been discussing with the judiciary the extension of remote hearings to criminal proceedings. Chief Justice Andrew Cheung Kui-nung raised this possibility in January.

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