The Courts (Remote Hearing) Ordinance (Cap. 654) (the “Ordinance“) came into operation on 28 March 2025, introducing a clear legal framework for the conduct of remote hearings in Hong Kong’s judicial system.

Background and Purpose

As part of the Judiciary’s ongoing technological modernization efforts, remote hearings serve multiple practical purposes. They significantly reduce travel time for parties, legal representatives, and witnesses who would otherwise need to commute to court buildings. This efficiency not only benefits court users but also facilitates more streamlined scheduling of court proceedings. Furthermore, the remote hearing capability enables courts to continue functioning effectively during unforeseen circumstances where physical attendance becomes impractical or impossible.

According to the Hong Kong Judiciary Annual Report 2024, the Judiciary has already successfully conducted approximately 2,100 remote hearings for civil proceedings at different levels of courts and tribunals since 2020. The Ordinance establishes a clear legal basis for remote hearings at various levels of courts and tribunals.

Key Provisions

The Ordinance contains several important provisions that legal practitioners should familiarize themselves with:

1. Application and Scope (Sections 2-5): The Ordinance provides for remote hearings to be conducted in both civil and non-trial criminal proceedings, though with certain clearly defined exceptions. Section 3 explicitly states that the Ordinance applies to the Government.
2. Excluded Proceedings (Section 5 and Schedule 1): The Ordinance specifically excludes criminal trials and hearings before the Juvenile Court from remote hearings. Notably, section 5 categorically prohibits any proceeding concerning national security from being “conducted through a remote medium under this Ordinance, under the law or otherwise.”
3. Remote Hearing Orders (Sections 6-8): Courts are empowered to make, vary, or revoke remote hearing orders, either on their own motion or upon application by any party to a proceeding. Section 6(3) allows courts to specify the remote medium to be used, the participants who may attend remotely, and other conditions for the conduct of proceedings.
4. Judicial Discretion and Considerations (Section 9): When deciding whether to make, affirm, vary or revoke a remote hearing order, section 9 requires courts to evaluate numerous factors including the nature and complexity of proceedings, the type of evidence to be presented, parties’ views, participants’ ability to engage with remote proceedings, and measures to ensure evidence is given freely without coercion or other influence.
5. Legal Effect (Sections 15-16): Section 15 establishes that participants attending remotely are deemed to have satisfied any legal requirements for physical presence. Importantly, section 16 extends Hong Kong law relating to evidence, procedure, contempt of court, and perjury to participants who attend remote hearings from outside Hong Kong.
6. Document Handling (Sections 19-21): The Ordinance facilitates electronic transmission of documents (section 19) and electronic presentation of objects (section 20) for remote hearings. Section 21 provides for remote signing or writing on documents with legal effect.
7. Public Access Provisions (section 22-24): Section 23 of the Ordinance requires the court to give direction to allow public access to open proceedings, except in circumstances where exceptions apply. Section 24 further enables courts to direct that open proceedings be broadcasted and made accessible to the public in a manner specified by the Judiciary Administrator or through other appropriate means.

New Criminal Offences

One of the most significant aspects of the Ordinance is the introduction of new criminal offences that legal practitioners should be particularly mindful of:

1. Recording and Publishing Offences (Sections 26-27): The Ordinance criminalizes unauthorized recording, publishing, or broadcasting of proceedings (both physical and remote). These offences carry substantial penalties – up to five years’ imprisonment and a HK$100,000 fine upon conviction on indictment, or up to two years’ imprisonment and a HK$50,000 fine on summary conviction.
2. Extended Court Premises Restrictions (Section 38): Through amendments to section 7 of the Summary Offences Ordinance (Cap. 228), the Ordinance expands existing prohibitions on recording in courts to comprehensively cover making images or audio records of any court premises and any person on those premises. The maximum penalty for these offences has been increased to one year’s imprisonment and a HK$50,000 fine.

Implementation Timeline

Although the Ordinance is now in effect, implementation will follow a phased approach. The Judiciary has announced plans to begin remote hearings for non-trial criminal proceedings in approximately six months, providing stakeholders adequate time to prepare for the new procedures. In the meantime, the Judiciary will issue practice directions in phases that will specify operational details, application procedures, and technical guidelines for conducting remote hearings effectively.

Practical Implications

The introduction of remote hearings offers substantial efficiency benefits for legal practitioners. Most notably, solicitors and barristers may no longer need to physically attend court for brief procedural hearings (such as “three-minute hearings”), allowing them to participate from their offices instead. This change promises to significantly reduce unproductive travel and waiting time, enabling more efficient allocation of professional resources.

To support this transition, the Judiciary has developed technical support systems and will assign dedicated staff to facilitate remote hearings. This includes conducting pre-hearing connection tests to ensure smooth technical operation during actual proceedings.

Legal practitioners should remain attentive to forthcoming practice directions from the Judiciary, which will provide essential details on implementation procedures, technical requirements, and best practices for participating in remote hearings.

Access the full Ordinance here for more details.