The Government announced that it published in the Gazette today the Courts (Remote Hearing) Bill, which aims to enhance judicial efficiency and flexibility.

The Government explained that the bill seeks to provide a clear legal basis for judges and judicial officers to order remote hearings for court proceedings at various levels of courts and tribunals where appropriate, having regard to all relevant factors, as well as the dual requirements of open justice and fair hearing.

The Courts (Remote Hearing) Bill covers the details of making a remote hearing order, including the factors to be considered by the court and the operation of remote hearings, including the powers of judges, attendance of participants, as well as transmission of documents, presentation of objects and signing of documents.

The bill’s other major provisions include the scope and exceptions to the use of remote hearings; the safeguards for open justice in remote hearings and the proposed new offences to criminalise unauthorised recording, publishing and broadcasting of court proceedings conducted through both physical and remote hearings.

The Government said that taking into account limitations, risks and concerns in remote hearings for some court proceedings having regard to the paramount consideration of ensuring administration of justice, the bill sets out express exceptions to the use of remote hearings, including hearings of all proceedings relating to national security and criminal trials in all other cases.

As the lack of a physical setting may render remote hearing more susceptible to unauthorised recording and publishing of court proceedings, the bill contains new offences to criminalise such conduct which may prejudice or interfere with court proceedings, it added.

In response to rising expectations from court users and the community, the Judiciary has been taking proactive measures in making greater use of technology to enhance the efficiency of court operations, with remote hearing as one of the key initiatives in this regard.

In line with established practice, the court will direct the use of remote hearings only if it is fair and just to do so, having regard to a host of relevant considerations. It is a case management decision of the court in the exercise of its existing case management powers.

Consultations on the draft bill were conducted in February 2021 and June 2022. In general, public response to the use of remote hearings for civil and criminal proceedings in court, and the proposed legislative exercise has been positive.

Additionally, key stakeholders including the Hong Kong Bar Association, the Law Society of Hong Kong and law enforcement agencies have indicated support for the proposed legislation on remote hearings.