MEMBER ARTICLE | Asia Paci fi c
To Use or Not To Use: Remote Hearings in Hong Kong Courts The outbreak of COVID-19 resulted in the closure of the Judiciary for months on end in view of public health considerations.
for disposal by a remote hearing using
2. whether there is a special need for
The Court considers which cases are suitable
The result was that many cases came to a screeching halt. With the pandemic having no end in sight, in order to ensure that justice was administered continuously and effectively without compromising public health and safety, the Judiciary began using alternative modes to conduct hearings In April 2020, the Judiciary began using
video conferencing facilities (VCF) for remote hearings for suitable civil cases of the High Court, and, in June 2020, it expanded use of remote hearings by the use of VCF and telephone in civil cases in civil courts, including the Court of Appeal, the Court of First Instance, the Competition Tribunal, the District Court and the Family Court.
Further factors to be considered include:
1. the importance and nature of the issue to be determined;
VCF and telephone. For remote hearing by
urgency, or whether the decision could
VCF, parties who disagree with the Court’s
await a later hearing without causing
proposal may make written submissions
significant disadvantage to the parties;
stating any other proposal they put forward as more appropriate. The Court also considers applications by the parties for the
remotely.
Remote Hearings by VCF and Telephone
use of VCF.
In deciding which hearings will be dealt
with remotely, the Court takes into account the views of the parties, the availability
3. whether the parties are legally represented; 4. the ability of the parties to engage with and follow remote proceedings meaningfully; 5. whether evidence is to be heard (and,
of equipment, the subject matter of the
if so, the nature of that evidence) or
proceedings and whether the proposed use
whether the case will proceed on the
of remote hearing is likely to promote the
basis of submissions only;
fair and efficient disposal of proceedings (including through the avoidance or reduction of delay) and/or to save costs.
6. the proposed length of the remote hearing; and
ONC Lawyers 19th Floor, Three Exchange Square 8 Connaught Place, Central Hong Kong
Tel: +852 2810 1212
Joshua Chu is a litigation attorney whose practice is mainly focused in dispute resolution and technology law. In addition to his legal practice, Joshua is also a senior consultant with a regulatory consulting firm founded by ex-Securities and Futures Commission regulators, as well as being a management consultant for the Korean Blockchain Centre.
Joshua Chu joshua.chu@onc.hk Dominic Wai dominic.wai@onc.hk onc.hk
Primerus Member Since: 2014
Learn more at primerus.com
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Joshua Chu
Dominic Wai
Dominic Wai focuses his practice on matters relating to anticorruption, white-collar crime, law enforcement, regulatory and compliance matters in Hong Kong, including advice on antimoney laundering. He also handles cases involving corporate litigation, shareholders’ disputes and insolvency matters, defamation cases, domestic and international arbitration cases, cybersecurity, data security and privacy law issues, competition law matters, e-Discovery and forensic investigation issues as well as property litigation.
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