Editorial | Extension of remote court hearings in Hong Kong calls for careful handling

A plan by Hong Kong’s judiciary to expand the use of remote hearings is taking shape. Proposed legal amendments would extend video-link proceedings to criminal cases and lay firm foundations for remote hearings generally. It is a step that needs to be taken. The judiciary faced a backlog of cases during the pandemic, with periods when the courts had to close. Remote hearings were introduced for civil cases in 2020 and more than 1,600 have taken place. But their use in criminal proceedings has been restricted by requirements that the defendant appear in person.

Proposed changes would allow certain criminal proceedings to be heard via video link if the court considers this appropriate. But remote hearings would still not apply to criminal trials, a defendant’s first appearance before a magistrate or hearings with pleas, verdicts or sentences. The judiciary recognises the importance of the defendant being present for such hearings. A cautious approach makes sense as the priority must be to ensure rights are upheld and the trial is fair. Courts will take a variety of factors into account. The defendant’s preference will be considered.

Most hearings, whether criminal or civil, will continue to be heard in person. But the judiciary hopes the wider availability of remote proceedings will enable it to be better prepared for “unforeseen and complicated” situations, such as the pandemic.

The judiciary must make sure it is well prepared for the changes, with the provision of adequate facilities and reliable technology. A recent study by the British government concluded the introduction of remote hearings in the crown courts there had done little to improve efficiency. Remote hearings, on average, took less time but did not make much difference to the overall length of a case. Technological problems sometimes led to cases being adjourned.

Public access to the proceedings must be maintained. Registration will be required for people wishing to observe hearings remotely. Meanwhile, new criminal offences are proposed for unauthorised recording or publishing of proceedings. The bill is expected to go to the Legislative Council by the end of the year and to be implemented within six months of being passed. It is part of broader reforms aimed at ensuring the courts make better use of technology. An electronic litigation system for the digital filing of legal documents has been introduced and is being expanded. The broadcasting of court cases is also in the pipeline.

These changes are overdue and much-needed if the city’s judiciary is to provide a modern, efficient and accessible service. But they will require careful handling to ensure fair trials are not compromised and justice continues to be done.