Editorial | Hong Kong law firms should be encouraged to enter the digital age

Hong Kong’s common law system works on the principle that court judgments will be applied in similar cases in the future. The Latin term for this is stare decisis, or standing by decisions already made. The doctrine provides the law with certainty, enabling it to evolve rather than be subject to sudden changes. This is important for court cases. But in other areas concerning the legal system, it is not helpful to stick with the way things were done in the past. The judiciary needs to modernise and to embrace new technology. This will, necessarily, involve a shift in the legal profession’s working practices and culture.

Chief Justice Andrew Cheung Kui-nung intends to expand the judiciary’s electronic litigation system to all levels of the courts next year. Within three to five years, it is expected all represented litigants will be required to use the technology. The system was launched in May and operates in civil cases at the District Court and also at magistrates courts. It allows documents, from writs to court orders, to be submitted and accessed electronically. Fees can also be paid in this way.

Electronic filing saves litigants time and money. The submission of voluminous paper documents is time-consuming and labour intensive. The new approach should be warmly welcomed. But the take-up rate from law firms has been disappointing. Only 43 out of 900 have registered for the scheme. So far, 13 per cent of eligible cases have used the system.

Lawyers have raised concerns about the checking of documents to ensure they are correct, currently done by court staff when paper files are submitted. The strict technical requirements for using the scheme have also been cited as an issue. These obstacles can be overcome. The judiciary must continue to promote the system and to encourage lawyers to use it. The process should be made as simple as possible and reassurance offered on the checking of documents. A 20 per cent reduction in fees is already available to those that register.

The city is lagging behind other jurisdictions in its use of technology. Cheung is right to say the community is entitled to expect quick and wider adoption of digital services and that the time has come for a “greater stride” to be taken. Electronic litigation will dovetail with moves to expand the use of remote court hearings and to permit the broadcasting of cases. The judiciary is moving in the right direction.

Cheung said a modern judiciary must be efficient and effective as well as independent and impartial. The priority must always be to ensure justice is done. But this can be achieved while swiftly bringing the courts into the digital age.