Editorial | Slowly but surely, Hong Kong’s courts are embracing the technological age
The push for greater use of technology such as expanded use of remote hearings must ensure justice is done and core principles retained
The need to modernise Hong Kong’s court system has long been recognised. The judiciary embarked on a strategy to embrace new technology more than 10 years ago.
Progress is being made, but there remain many obstacles to overcome if the courts are to catch up with developments elsewhere in the world.
A bill to expand the use of remote court hearings, such as by videoconferencing, was gazetted last month, prior to being put before the legislature.
Remote hearings have been permitted since the pandemic in 2020 and more than 2,000 have taken place. The new legislation will provide a clearer legal basis for their use. It will also broaden their scope to include some criminal proceedings.
The judiciary is trying to strike the right balance between efficiency, open justice and maintaining the integrity of the system. National security cases and criminal trials are not deemed suitable.
Remote hearings must be open and accessible, but this increases the risk of illicit recording and publishing of proceedings. Tough penalties, including a maximum five-year jail term, are therefore proposed for offenders.
There are hopes greater use of remote hearings will speed up the handling of cases. But this does not necessarily follow. Steps must be taken to ensure efficiency.
