Reduce long waiting times for court cases in Hong Kong
- Justice is being delayed in Hong Kong as system battles to cope with numbers resulting from 2019 civil unrest and passing of national security law in 2020
The phrase “justice delayed is justice denied” does not apply in all circumstances. It is also important to guard against a legal process that is too rushed. But the latest judiciary figures relating to waiting times for criminal cases in Hong Kong’s courts raise concerns. They are far too long.
The city’s courts are generally processing a higher number of cases than in the past, despite what the judiciary describes as an “acute shortage of judicial manpower”. But this has not been sufficient to bring about a much-needed shortening of the time taken to bring cases to court.
Criminal cases at the District Court had a staggering 416-day average waiting time at the end of March. This is an improvement on the peak of 442 days last year, but way above the target of 100.
It is a similar story in the Court of First Instance, where waiting times remain long for most types of criminal cases.
Hong Kong’s justice system is still battling to cope with a surge in the number of criminal cases resulting from the civil unrest in 2019 and the passing of a new national security law in 2020.
These cases can be complex and take longer than others. The need for national security cases to be heard by three judges, when no jury is used, also has taken its toll on judicial resources.
There is some light at the end of the tunnel as the backlog is cleared. The District Court has concluded 90 per cent of its protest cases, but long waiting times for criminal cases are expected to persist for another two years.
The judiciary must push ahead on all fronts in its attempt to make the system more efficient. Recruitment exercises will lead to much needed judicial appointments later in the year. Talented candidates must be attracted to a career as a judge. Manpower issues have plagued the judiciary for too long.
The greater use of technology, gradually being implemented, can help. And wider use of remote hearings is on the way.
The pandemic, protests and national security law have all contributed to the judiciary’s workload. Every effort is now needed to bring down waiting times and ensure justice is not unduly delayed.
