The Courts (Remote Hearing) Ordinance ("Ordinance") came into effect on 28 March 2025.
The Ordinance establishes a clear legal framework for judges and judicial officers to order remote hearings across various levels of courts and tribunals, enhancing the efficiency of court operations. It sets out a list of factors (e.g. urgency, complexity, special circumstances, rights of litigants etc.) which the Court must consider in deciding to make a remote hearing order. Remote hearings will, in appropriate cases, save time for parties and witnesses, eliminating the need for physical attendance at court buildings. This is particularly beneficial for those who are within Hong Kong but unable to be physically present, as well as those located outside Hong Kong.
For remote hearings that are open to the public, the court will provide directions to ensure public access and may authorise the broadcasting of open proceedings. Additionally, the Ordinance introduces new offences to criminalise unauthorised recording, publishing and broadcasting of proceedings in both physical and remote hearings.
The Judiciary plans to increase the frequency of remote hearings in suitable proceedings, especially for short proceedings and non-trial criminal proceedings. Practice directions specifying the operational details of remote hearings will be issued in due course.
For more information, please contact Jojo Fan, Managing Partner, Paul Quinn, Partner, Rachael Shek, Partner, Truman Mak, Partner, Sara Troughton, Knowledge Lawyer or your usual Herbert Smith Freehills contact.
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