• 09/22/2024

Hong Kong judiciary to test run live broadcasts of hearings at top court in January

Hong Kong Free Press

Hong Kong judiciary to broadcast two top court hearings online next month to enhance transparency

Hong Kong’s top court will embark on a test run to broadcast proceedings online, starting with two hearings scheduled for January.

Court of Final Appeal
Court of Final Appeal. Photo: Kyle Lam/HKFP.

The move, Hong Kong’s Judiciary said on Friday, will “enhance the transparency of court procedures and public confidence in the judicial process.”

The test run will begin with two appellate hearings – one on January 10, and the other on January 16 – at the Court of Final Appeal. The Judiciary aims to test the “technical feasibility” of arrangements, including the audio-visual set-up and “logistical and operational details before, during and after the hearings,” it said.

The webcasts will be publicly viewable on the Court of Final Appeal’s website via desktop computers or mobile devices with web browsers.

However, viewers, including reporters, are not allowed to record the broadcast. Measures commonly found on streaming platforms will be implemented to “deter unauthorised recording, screen capturing and illegal distribution of the live broadcast footage.”

Anyone who records, edits or re-broadcasts the live broadcast without permission is liable for contempt of court or copyright infringement, according to the statement.

Court of Final Appeal judiciary
A photo taken inside the Court of Final Appeal during the Ceremonial Opening of the Legal Year 2021. Photo: GovHK.

The broadcast of the January 10 hearing will be available up to two days after the hearing date, and three days after the January 16 hearing.

“Open justice is a key to maintaining public confidence in the judicial system and upholding the rule of law,” the statement read.

“To enhance the transparency of court procedures and public confidence in the judicial process, the Judiciary has been actively exploring the initiative of live broadcasting of selected judicial proceedings outside court premises.”

According to the judiciary, note-taking and the use of electronic equipment for word processing purposes by members of the public is “generally permissible” in court, as long as it does not “interfere with the due administration of justice.”

‘Natural way forward’

Chief Justice Andrew Cheung first announced plans to livestream court proceedings during the opening of the 2023 legal year, saying live broadcasts were a “natural way forward to further enhance the transparency of court procedures and public confidence in the judicial process.”

Chief Justice Andrew Cheung
Chief Justice Andrew Cheung speaks at the Ceremonial Opening of Legal Year 2023. Photo: Kyle Lam/HKFP.

There is a strong case for introducing live broadcasts to appellate proceedings, the top judge said in January, though criminal trials – particularly trials by jury and those involving vulnerable witnesses – may not be suitable for unrestricted broadcasting.

Cheung also said national security cases that had already begun will not be considered. For future cases, a task force would decide the suitability of streaming arrangements, he said.

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https://hongkongfp.com/2023/12/22/hong-kong-judiciary-to-test-run-live-broadcasts-of-court-hearings-at-top-court-in-january/