The Courts (Remote Hearing) Ordinance In Hong Kong: Transforming Judicial Proceedings In The Digital Age

The Courts (Remote Hearing) Ordinance (Cap. 654) (the "Ordinance), which came into effect on 28 March 2025, marks a significant milestone in the modernisation of Hong Kong's judicial system.

The impetus for the Ordinance can be traced back to the unprecedented challenges posed by the COVID-19 pandemic. In 2020, Court closures and public health restrictions led to significant delays in the administration of justice, highlighting the urgent need for alternative modes of hearing. In response, the Hong Kong Judiciary began to pilot remote hearings, initially in civil cases, using video-conferencing facilities (VCF) and telephone conferencing. Approximately 2,100 remote hearings were conducted between 2020 and 2024, with court users and legal practitioners generally providing positive feedback.

Despite these advances, the absence of a clear statutory framework for remote hearings, particularly in criminal matters, gave rise to legal uncertainties. The Ordinance was therefore enacted to provide express provisions governing the application, operation, and legal effect of remote hearings. By establishing a comprehensive legal framework for the conduct of remote hearings across various levels of courts and tribunals, the Ordinance aims to enhance both the efficiency and accessibility of court operations.

Key provisions of the Ordinance

1. Scope and application: The Ordinance applies to both civil proceedings and non-trial criminal proceedings at all levels of courts and tribunals, subject to certain exceptions. Notably, it does not extend to criminal trials or hearings before the Juvenile Court ("Excluded Proceedings"). Proceedings concerning national security are also expressly excluded from being conducted remotely under the Ordinance or any other law.
2. Remote hearing orders: The court may, on its own motion or upon application by a party, make orders for a proceeding to be conducted through a remote medium. They may also order that a witness (other than a vulnerable witness as defined in the Ordinance) in Excluded Proceedings give evidence or be examined through a remote medium. The court is also empowered to vary or revoke such remote hearing orders, and may impose any condition that it considers appropriate. In deciding whether to make, affirm, vary or revoke a remote hearing order, the court must consider the range of factors set out under section 9 of the Ordinance, including, the nature, complexity, and urgency of the proceedings, the nature of the evidence intended to be adduced, the parties' views, the personal or special circumstances of parties and their legal representations, and whether the use of the remote medium is likely to promote the fair and efficient disposal of the proceeding. This multi-factor approach ensures that remote hearings are only ordered where appropriate, preserving the fairness and integrity of the judicial process.
3. Participants and attendance: Participants attending remotely in compliance with a remote hearing order are deemed to have satisfied any legal requirement to be physically present at the proceeding. Those attending from a place outside Hong Kong remain subject to Hong Kong's laws on evidence, procedure, contempt of court, and perjury. Failure to attend a remote hearing as scheduled and ordered carries the same consequences as non-attendance at a physical hearing.
4. Electronic transmission, presentation, and signing: The Ordinance streamlines judicial procedures by enabling digital transmission of court documents, digital presentation of objects, and remote signing or writing, all with full legal validity.
5. Public access: Consistent with the principle of open justice, the court is required to make directions for public access to open proceedings, unless exceptions apply. It may be directed that an open proceeding be broadcast, which must be accessible by the public in a place and manner specified by the Judiciary Administrator, or through such other means as the court considers appropriate. Exceptions may apply where necessary to protect sensitive information or the interests of justice.
6. Criminal Offences: The Ordinance introduces offences to deter unauthorised recording and publishing of court proceedings or the broadcasts of proceedings, whether remote or physical in a courtroom. The relevant penalty is five years' imprisonment and a level 6 fine (HK$100,000) on conviction on indictment, or two years' imprisonment and a level 5 fine (HK$50,000) on summary conviction.

The Ordinance also sets out related amendments to the Summary Offences Ordinance (Cap. 228) which expand prohibitions on making images or audio records on court premises, with increased penalties.

Implementation and Ongoing Challenges

The Ordinance has been in force for approximately half a year and has facilitated an increase in the use of remote hearings, particularly for shorter matters, often conducted by telephone. Following the phased implementation of the Ordinance, remote hearings for criminal proceedings other than trial are expected to commence around October 2025. The Judiciary continues to issue directions and guidelines in stages, specifying operational details of remote hearings, such as application procedures, technical requirements, and best practices.

The Ordinance represents a significant step forward in the ongoing modernisation of Hong Kong's judicial system. Remote hearings have introduced a new dimension of flexibility and resilience to court operations, particularly in the face of unprecedented challenges such as public health emergencies. This development not only enhances the Judiciary's capacity to maintain the administration of justice during periods of disruption but also brings Hong Kong into closer alignment with international best practices, reflecting trends observed in other leading common law jurisdictions.

Nevertheless, the implementation of remote hearings is not without its challenges. The Judiciary must continue to navigate the balance between procedural efficiency and the fundamental rights of litigants, ensuring that fairness, transparency, and open justice are not compromised, especially in complex or sensitive cases. Other issues, such as technological reliability, disparities in digital literacy among court users, and the imperative for secure, accessible digital platforms, remain at the forefront of ongoing discussions. Looking ahead, the continued success of remote hearings may depend on a sustained commitment to technological enhancement, user support, and training.

It also remains to be seen whether the Ordinance will prompt a shift in the approach of the Labour Tribunal, whose stance on remote hearings is notably more conservative than that of other courts particularly when ex-employees request that hearings be conducted remotely. More often than not such requests are refused, resulting in the need for employees who have left Hong Kong to have to return to the jurisdiction to attend each hearing or otherwise abandon their claim given that representation by solicitors is not available.

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