The Hong Kong Special Administrative Region government on Friday gazetted the Courts (Remote Hearing) Bill, which seeks to provide a clear legal basis for judges and judicial officers to order remote hearings for court proceedings at various levels of courts and tribunals where appropriate.

The bill will be introduced into the Legislative Council for its first reading on Dec 4, the government said in a notification.

“In response to rising expectations from court users and the community in recent years, the Judiciary has been taking proactive measures in making greater use of technology in enhancing the efficiency of court operations. Remote hearing is one of the Judiciary's key initiatives on the use of technology in this regard," said a government spokesman.

The court will direct the use of remote hearings only if it is fair and just to do so, having regard to a host of relevant considerations, the spokesman said, adding: “It is a case management decision of the Court in the exercise of its existing case management powers.”

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The major provisions the bill will cover include the details on making a remote hearing order, the operation of remote hearings, the scope and exceptions to the use of remote hearings, the safeguards for open justice in remote hearings, and the proposed new offenses to criminalize unauthorized recording, publishing, and broadcasting of court proceedings conducted through both physical and remote hearings.

Taking into account limitations, risks and concerns in adopting remote hearings for some court proceedings, the bill sets out express exceptions to the use of remote hearings, including hearings of all proceedings relating to national security and criminal trials in all other cases, the government spokesman said.

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"As the lack of a physical setting may render remote hearing more susceptible to unauthorized recording and publishing of court proceedings, the bill contains new offenses to criminalize such conduct which may prejudice or interfere with the court proceedings.”

During two rounds of consultation on the draft bill in February 2021 and June 2022, public response in general to the use of remote hearings for civil and criminal proceedings and the proposed legislative exercise has been positive, according to the government.

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Key stakeholders including the Hong Kong Bar Association, the Law Society of Hong Kong, and law enforcement agencies have also indicated support for the proposed legislation on remote hearings, and backed the increased use of technology to enable more flexible means of disposing court proceedings, the government added.