[Wuhan pneumonia] conference call instructs hearing of judges that the epidemic can still be used

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Written by: Zhu Xixin

2020-02-28 17:17

The court only provided limited operations in response to the Wuhan pneumonia epidemic in Hong Kong, and a large number of cases were postponed. When the High Court dealt with a civil case on Tuesday, it used a conference call for the first time to allow judges and lawyers to conduct instructional hearings in isolation. The judge involved today (28) issued a verdict explaining the rationale for the conference call. The judge pointed out that the shutdown of the court was unprecedented, but it was also an opportunity to consider how to better manage the case. The judge believed that after the outbreak, the court could handle the case in a similar way.

The civil case was Mayer Entertainment Information Group Co., Ltd., as well as its principal and subsidiary, which was accused of defaulting on more than 60 million yuan in payment and was recovered by the seller. The trial was originally scheduled to begin on the 18th of this month and is expected to take 17 days. However, the court has not postponed the trial due to the recent adjournment of the general hearing by the court. The plaintiff also applied for a witness to testify overseas through the video system. The judge held a conference call with the lawyer at the High Court on Tuesday about the matter.

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Refers to the recording of the content of the meeting, the public can obtain information in the future

The judge stated in his judgment that although the general reason for "appearing in court" is to appear in person, the "High Court Ordinance" and "Rules of the High Court" did not prohibit other methods of attending the hearing.

The judge further stated that the shutdown of the court was unprecedented. Suspension of all proceedings in the civil court because the court needs to appear in person with the litigants does not meet the requirements for maintaining justice and the rule of law. Although there may be concerns that the conference call may violate the principles of public trials, the judge stated that these principles also allow exceptions, such as public hearings, to avoid hearings in face-to-face situations. Instead, the conference call was held in court, and the content of the meeting was recorded so that the parties and the public can obtain relevant information in the future.

The judge considered that the outbreak was an opportunity for the court and the parties to consider how to better manage the case. After the epidemic, it can be handled in a similar way.

Case numbers: HCA 677, 678, 2780/2006, HCA658 / 2011