Hong Kong’s top court is set to start livestreaming appeal hearings in April, but national security and high-profile political cases will not be included in the two-year pilot programme.

The Court of Final Appeal. File photo: GovHK.
The Court of Final Appeal. File photo: GovHK.

From April 1, the Court of Final Appeal (CFA) will begin webcasting substantive appellate proceedings as part of a two-year trial, the Hong Kong Judiciary announced in a statement on Tuesday.

“Open justice is a key to maintaining public confidence in the judicial system and upholding the rule of law,” the Judiciary said, adding that broadcasting proceedings online “will enhance the transparency of court procedures and strengthen public confidence in the judicial process.”

Some hearings will be excluded from the scheme, however, such as “proceedings related to national security, high-profile public order cases, or highly politically charged cases.”

In addition, the Judiciary will not broadcast hearings that concern the protection of interests of children or adults with learning disabilities, as well as those that involve trade secrets or commercial confidentiality.

“These exceptions are aimed to preserve judicial decorum, prevent excessive pressure on litigants and lawyers, and safeguard the fair and proper administration of justice,” the Judiciary said, adding that members of the public may still attend such hearings in person.

A Court of Final Appeal webpage that specifies the terms of use for viewing live broadcast of court proceedings on January 10, 2024. Photo: Screenshot via Court of Final Appeal.
A Court of Final Appeal webpage that specifies the terms of use for viewing live broadcasts of court proceedings on January 10, 2024. Photo: Screenshot via Court of Final Appeal.

The first two live webcasts of CFA hearings are scheduled for April 1 and 7, according to the Judiciary.

Members of the public may access the livestreams on the CFA website, but they are prohibited from recording the webcast or using the footage for any purpose. Digital rights management will be put in place to deter unauthorised recording, screen capturing, and illegal distribution of the broadcast footage, the Judiciary said.

Videos of the court proceedings will be uploaded and kept on the CFA website after the livestreams ends.

The Judiciary will review and consider long-term arrangements for broadcasting court proceedings online after the completion of the pilot scheme, it said.

The Judiciary broadcast a CFA hearing online for the first time in January 2024, part of a trial run that involved four selected cases.

At the time, the apex court heard the case of a lesbian woman who disputed the government’s repeal of legal aid that was originally granted to her. Much of the session streamed smoothly, except for some occasional time lags that caused pixelated footage.

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Ho Long Sze Kelly is a Hong Kong-based journalist covering politics, criminal justice, human rights, social welfare and education. As a Senior Reporter at Hong Kong Free Press, she has covered the aftermath of the 2019 extradition bill protests and the Covid-19 pandemic extensively, as well as documented the transformation of her home city under the Beijing-imposed national security law.

Kelly has a bachelor's degree in Journalism from the University of Hong Kong, with a second major in Politics and Public Administration. Prior to joining HKFP in 2020, she was on the frontlines covering the 2019 citywide unrest for South China Morning Post’s Young Post. She also covered sports and youth-related issues.