No remote hearings for national security, criminal trials under Hong Kong bill

National security cases, criminal trials and Juvenile Court proceedings will be excluded from remote hearings in Hong Kong, under a bill entering the legislative process next month.

The Courts (Remote Hearing) Bill, gazetted by the government on Friday, will also introduce new offences under which those who record, publish or broadcast proceedings without authorisation will be liable for a maximum penalty of five years in jail and a HK$100,000 fine.

“In response to rising expectations from court users and the community in recent years, the judiciary has been taking proactive measures in making greater use of technology in enhancing the efficiency of court operations,” a government spokesman said.

“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.”

In a remote hearing a judge, legal representative or other party can attend proceedings virtually by phone, video or other means of real-time communication.

Under the legislation, the chief justice will be granted the power to designate certain proceedings as those that can be conducted through remote hearings.