In a historic move to fortify public trust and transparency, Hong Kong’s Judiciary marked a significant milestone on Jan 10 by livestreaming a court hearing for the first time. Chief Justice Andrew Cheung Kui-nung unveiled this initiative last year, characterizing it as a “natural way forward” to enhance confidence in the local legal system and usher in a new era of open justice.

The live broadcast, part of a carefully orchestrated trial run, featured a case at the Court of Final Appeal centered on a legal aid dispute. The appellant, concealed behind the pseudonym “MK”, had previously challenged the city’s nonrecognition of same-sex marriage in 2018, an endeavor that culminated in rejection in 2019. The current hearing delves into the intricacies of a dispute over the government’s decision to revoke legal aid initially granted for MK’s case.

Despite occasional time lags resulting in pixelated footage, the livestream offered viewers an unprecedented glimpse into the legal proceedings. The five-judge panel, presided over by permanent judge Roberto Ribeiro, listened to the arguments presented by senior counsel Jonathan Chang, representing MK, and Abraham Chan, representing the director of Legal Aid.

The case garnered public attention after MK’s legal aid was abruptly revoked in 2019, triggered by an anonymous email alleging joint ownership of a pet store with her partner. This revelation raised questions about MK’s financial eligibility, prompting a government investigation that subsequently led to an argument about the protection of meeting details under legal professional privilege.

However, the groundbreaking livestream was not without its constraints. Viewers were explicitly prohibited from capturing or recording the broadcast, underscoring the need for stringent measures to prevent unauthorized reproduction or distribution of the footage. Violators of these terms were warned that they would incur consequences ranging from being found in contempt of court or in breach of copyright.

This commendable step toward openness transcends the confines of the courtroom. In a departure from tradition, written submissions from both sides were made available on the top court’s website before the live broadcast, a level of transparency hitherto unseen in the city’s legal landscape.

The delicate balance between openness and protection remains paramount, ensuring that the legal system continues to serve justice while adapting to the evolving needs of a contemporary society. In embracing this evolution, Hong Kong’s Judiciary charts a course that holds promise for a more-informed and engaged citizenry

The livestreaming initiative is continued, with a second court hearing on Jan 16, focusing on a case related to a land dispute. The strategic choice of cases aims to test various screen layouts for livestream footage, gradually familiarizing the public with the complexities inherent in legal proceedings.

Chief Justice Cheung’s measured approach to live broadcasting acknowledges its selective nature. He recognizes that not all cases, particularly those involving national security or vulnerable witnesses, are suitable for public dissemination. This caution aligns with international best practices, as jurisdictions like Canada, Australia, and the United States have long broadcast proceedings at their top courts.

While Hong Kong’s move toward livestreaming represents a significant leap forward, it is crucial to acknowledge the challenges and potential risks associated with this transition. Chief among these concerns is the potential misuse of broadcast trials and the doxxing of judges and legal representatives, as noted by Chief Justice Cheung.

In tandem with the livestreaming initiative, the Hong Kong Judiciary is also embracing technology through its electronic case management system. The shift toward mandatory e-filing for legal papers, with consultations slated at the year’s end, underscores a broader commitment to modernize and streamline court processes.

As Hong Kong’s courts navigate this transformative journey toward more transparency and technological integration, they join a global trend aimed at making justice more accessible and accountable. The delicate balance between openness and protection remains paramount, ensuring that the legal system continues to serve justice while adapting to the evolving needs of a contemporary society. In embracing this evolution, Hong Kong’s Judiciary charts a course that holds promise for a more-informed and engaged citizenry.

The author is the chairman of the Asia MarTech Society and also holds the position of assistant professor at Saint Francis University in Tseung Kwan O.

The views do not necessarily reflect those of China Daily.