Hong Kong judiciary livestreams court hearing for the first time in effort to enhance confidence in legal system
Hong Kong Free Press
Hong Kong’s Judiciary broadcast a court hearing online for the first time on Wednesday, an effort that authorities say aims to enhance confidence in the city’s legal system.
The live stream, of proceedings for a case at the Court of Final Appeal, took place on Wednesday morning. The case is one of two in January – both at the top court – that will be broadcast live online as part of a trial run.
There were occasional time lags resulting in pixelated footage. But much of the session – which began slightly after the start time of 10 am – was streamed smoothly as the Court of Final Appeal heard the case involving “MK” and the Director of Legal Aid.
MK, a pseudonym, is a female applicant who in 2019 lost a challenge against the city’s non-recognition of same-sex marriage. The current hearing relates to a dispute over the government’s repeal of legal aid that was originally granted to her for the case.
On the screen, the live footage was split into two windows, one showing Jonathan Chang – the senior counsel representing MK – and the other showing the judges’ bench.
Viewers were barred from capturing or recording the broadcast. The Judiciary earlier said that measures would be implemented to “deter unauthorised recording, screen capturing and illegal distribution of the live broadcast footage.”
Anyone who records, edits or re-broadcasts the footage without prior permission of the Judiciary are liable for contempt of court or breach of copyright, according to a warning shown on the court’s live broadcast website.
Chang said the live broadcast could facilitate transparency, Ming Pao reported.
Chief Justice Andrew Cheung first announced plans to livestream court proceedings during the opening of the 2023 legal year, describing it as a “natural way forward.”
But Cheung added that not every cases – including national security cases that had already begun – were appropriate for live broadcasting.
Legal aid dispute
Wednesday’s hearing began with Chang making a submission to a five-judge panel led by permanent judge Roberto Ribeiro.
According to the case’s summary of facts, MK’s legal aid was revoked by the government in May 2019 after the Legal Aid Department received an anonymous email that she jointly owned a pet store with her partner, therefore raising questions about her financial eligibility for legal aid.
The emailer asked the government whether the legal team had helped MK conceal her financial resources. The government then sought information from lawyers whom MK had consulted at a 2018 meeting, when MK’s financial situation was discussed. This led to the argument that the meeting details were protected by legal professional privilege (LPP), which protects communication from being disclosed without a client’s permission.
Senior counsel Abraham Chan, representing the director of legal aid, also made submission to the top court.
The second court hearing to be broadcast as part of the trial run will take place on January 16, when the Court of Final Appeal is set to hear a case relating to a land dispute.
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