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Legal Year|The Judiciary Sets up a Group to Study Live Court Trials to Maintain Public Confidence in the Court

2023-01-16T11:34:53.513Z


In his speech at the Opening Ceremony of the 2023 Legal Year, the Chief Justice of the Court of Final Appeal, Mr Cheung Ju-nang, said that the judiciary must remain a modern and up-to-date judiciary, which is an important part of maintaining public confidence in the courts


In his speech at the Opening Ceremony of the 2023 Legal Year, the Chief Justice of the Court of Final Appeal, Mr Cheung Ju-nang, said that the Judiciary must remain a modern and up-to-date judiciary, which is an important aspect of maintaining public confidence in the courts.

He announced that selected court proceedings would be broadcast live, and decided to set up a working group in the judiciary, chaired by a senior judge, to conduct research on the principles and details of live broadcast, and requested that at least part of the court proceedings or in some cases be discussed within this year. Live streaming is implemented at the court level.


In addition, the electronic litigation system that has been launched in phases will also last for 3 to 5 years, requiring all litigants with legal representation, unless otherwise exempted under specific circumstances, to conduct litigation in electronic form.


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Mr Cheung said the Judiciary must remain a modern judiciary that keeps pace with the times.

This is also an important aspect of maintaining public confidence in the courts.

In the past two years, the judiciary has improved the mechanism for handling complaints against judges and judicial officers, issued a new version of the "Guidelines for Judges' Conduct", set a timetable for judges to issue judgments, promoted remote hearings, and strengthened judicial training and exchanges.

Procedural reforms in family law litigation are at an advanced stage, and more measures on mediation are being planned.

He pointed out that two measures are being actively explored, the first being live broadcasting of selected judicial proceedings.

He decided to set up a working group in the Judiciary, chaired by a senior judge, to conduct research on the guiding principles and implementation details of live broadcasting of court proceedings, with a view to at least part of the court proceedings or in some cases within this year, if it is reasonable and feasible. Live streaming is implemented at the court level.

He said that judicial transparency is the key to maintaining public confidence in the judicial system and upholding the rule of law.

Under the principle of judicial openness, except for a few exceptions with justified reasons, the judicial process should be conducted transparently and open to the public.

This can not only protect the rights of those who appear in court, but also educate the public about the judicial process, thereby reducing comments based on ignorance or inaccuracy.

With the development of technology, and in view of the limited number of court seats and public health considerations, in order to further increase the transparency of court proceedings and enhance public confidence in judicial proceedings, arranging live broadcast of judicial proceedings is a logical development direction.

Nevertheless, the proper administration of justice remains the primary and overriding consideration.

Not all judicial proceedings are suitable for live broadcast.

Criminal trials, especially those involving juries or vulnerable witnesses, may not be suitable for unrestricted live streaming.

On the other hand, there is a strong case for live broadcasting of appeal proceedings, especially CFA hearings.

Even so, there are legitimate concerns that must be carefully considered, including the possibility of inappropriate use of live content, and the “doping” of judges or legal representatives.

These are the work of the working group.

The second measure is that the electronic litigation system was launched in stages last year. At present, this new electronic litigation system is used as an alternative to the traditional paper system.

The legal community and others have been understandably slow to adopt this new litigation platform initially.

He pointed out that the judiciary will of course continue to provide support services and strengthen promotion to increase the usage rate. The public has absolutely the right to expect faster and wider application of technology in court operations. He believes that now is the right time to promote the move towards electronic litigation. He has no intention of downplaying the short-term inconveniences and cultural changes required by the transition, but I strongly urge the legal profession to actively consider moving to an electronic litigation system.

In order to achieve the ultimate goal of using the electronic platform as the main litigation system, the Judiciary is considering setting a target timetable, for example, a period of 3 to 5 years after the launch of the relevant part of the new system, requiring all litigants with legal representation, unless in a specific Otherwise, the proceedings must be conducted electronically.

He said that he will fully consult the legal profession and other stakeholders, and will ensure that the citizens' right to seek justice from the courts is protected.

Judges and supporting staff will also receive adequate support and training to adapt to the development.

He firmly believes that in today's digital age, this is an important strategic direction to realize the modernization of the litigation model.

He emphasized that a modern judiciary must not only enjoy judicial independence and impartiality, but also be efficient and effective.

Legal Year|Zhang Juneng: Courts must respect and maintain the constitutional order of Hong Kong SAR under the Constitution Chan Chak-ming, President of the Law Society denounces nuisance and intimidation of judges as damage to Hong Kong's reputation Went to London to attend the legal year opening ceremony Law Society Chan Chak-ming: Clarifies misunderstanding of Hong Kong law

Source: hk1

All news articles on 2023-01-16

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