Hong Kong's Courts (Remote Hearing) Ordinance (Cap. 654) (the "Ordinance") took effect on 28 March 2025.
The Ordinance builds on the Judiciary's multi-year effort to integrate technology into court processes, a move accelerated by the lessons learned during the pandemic. Its primary objectives are to enhance efficiency by reducing the need for physical attendance, ensure the continuity of justice during emergencies, and optimise judicial resources. According to the Judiciary, over 2,100 remote hearings at various levels of courts and tribunals has been conducted since 2020, and the experience has been positive.
Scope and key provisions
The Ordinance applies broadly to civil and non-trial criminal proceedings, such as interlocutory hearings and appeals. However, it explicitly excludes certain cases, including criminal trials, Juvenile Court hearings, and, most notably, all proceedings related to national security. Section 5 of the Ordinance categorically prohibits national security cases from being conducted remotely under any circumstances.
Judicial discretion plays a central role in the Ordinance. Courts are empowered to issue, vary, or revoke Remote Hearing Orders (Sections 6-8) based on a comprehensive set of factors outlined in Section 9. These include the complexity and urgency of the case, the nature of the evidence, the parties' ability to engage effectively via technology, and the potential impact on witness credibility. For instance, Courts may decline a remote hearing request if physical presence is deemed essential for assessing a witness's demeanour during cross-examination.
Operational framework and legal equivalence
The Ordinance ensures that remote participation carries the same legal weight as physical attendance. Section 15 clarifies that remote attendance satisfies any legal requirement for physical presence, while Section 16 extends Hong Kong's laws on evidence, contempt, and perjury to participants joining from outside the jurisdiction. This is particularly significant for cross-border cases, where parties or witnesses may be located overseas.
To facilitate seamless remote proceedings, the Ordinance explicitly permits electronic transmission of documents (Section 19), electronic presentation of objects (Section 20), and remote signing of documents (Section 21). Additionally, Sections 23 and 24 mandate public access to open proceedings through broadcasts, unless exceptions such as privacy or security concerns apply.
New offences and penalties
One of the most critical aspects of the Ordinance is the introduction of stringent offences to safeguard the integrity of proceedings. Unauthorised recording or publishing of court hearings, whether remote or physical, now carries severe penalties, including up to five years' imprisonment and a HK$100,000 fine for indictable offences. Similarly, unauthorised recording on court premises, as amended under the Summary Offences Ordinance, can result in up to one year's imprisonment and a HK$50,000 fine. A defence of "reasonable excuse" is available, such as accidental recording, but practitioners must exercise caution to avoid inadvertent breaches.
Takeaway
The Ordinance took immediate effect on 28 March 2025, but its rollout will be phased. Remote hearings for non-trial criminal proceedings are expected to commence around October 2025, giving stakeholders time to adapt. The Judiciary will issue detailed practice directions in the coming months, covering technical standards, application procedures, and contingency measures. For now, some short hearings, such as time extension applications (i.e. three-minutes hearing), are actively being conducted remotely, particularly via telephone.
Looking ahead, the Ordinance is expected to significantly enhance the efficiency of Hong Kong's court system. However, its success will depend on the legal community's adaptability and the Judiciary's responsiveness to feedback. Operational adjustments must extend to staff training and infrastructure. Law firms in Hong Kong should implement structured training programs covering virtual advocacy techniques, with particular focus presenting electronic evidence effectively.
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