Editorial | The live broadcasting of court proceedings is long overdue in Hong Kong

The importance of Hong Kong’s courts being open to the public has long been recognised. Allowing access to proceedings and reporting by the media enhances the community’s understanding of the legal process. It provides transparency and ensures public scrutiny of the courts. As 19th century jurist Jeremy Bentham put it: “Publicity is the very soul of justice … It keeps the judge himself, while trying, under trial.”

But very few people have the time or inclination to attend court hearings. And even when they do, there is little room to accommodate them. The judiciary’s plan to introduce live television broadcasts of proceedings is, therefore, welcome. It is long overdue.

The South China Morning Post has been advocating the introduction of cameras in the courts since 2006, when Britain began looking into the screening of its own proceedings. The UK began with the Supreme Court in 2009 and expanded broadcasting to the Court of Appeal in 2013.

Last year, the sentencing in a criminal trial was shown live on television for the first time. These developments have generally been well received. Canada, Australia and the US also permit screening to various degrees.

Chief Justice Andrew Cheung Kui-nung has set up a working group to study guidelines and practicalities with a view to broadcasting the first hearings this year. He pointed out that some cases may not be suitable for broadcasting, such as jury trials and those with vulnerable witnesses. It makes sense for Hong Kong to start with appeal hearings, where such issues are less likely to arise.

Many questions need to be answered. Will the cameras of television companies be allowed into the courts? Or will the judiciary provide its own live stream? Steps will need to be taken to guard against abuse. There will be concerns about the potential impact of broadcasting on participants in cases as well as the possibility lawyers will grandstand for the cameras.