In an effort to emphasize the principle of judicial transparency, the Hong Kong Court of Final Appeal (CFA) recently conducted a live broadcast of a civil appeal hearing. This initiative took inspiration from the call for judicial transparency advanced by Chief Justice of the CFA, Andrew Cheung during the ceremonial opening of the legal year in 2023.
The appeal case involved an individual, MK, who was challenging the decision made by the Director of Legal Aid to withdraw their legal aid. MK originally sought this aid to oppose the constitutionality of same-sex marriage prohibition under Hong Kong law. The key question for the CFA was whether the duty to report potential abuse of legal aid—which is enforced by the Legal Aid Regulations—infringes on the constitutionally protected right to legal privilege, and if so, if this infringement is a necessary implication.
According to local reports, the live broadcast ran smoothly, allowing the audience to clearly hear both the judges’ and counsels’ arguments. In fact, both parties’ senior counsels expressed that live broadcasting did not significantly alter their courtroom experience, harking back to the practice’s trial during the COVID-19 pandemic.
Another live broadcast is set to take place on January 16th in a case concerning land disputes. Here, the CFA will hear submissions on whether the external walls of a building constitute a reserving part in the deed of mutual covenant.
In emphasising the significance of open justice, Cheung pointed out in January 2023 that it is integral to maintaining public trust in the judicial system and bolstering the rule of law. He lauded the importance of live broadcasting as a tool for educating the public about the judicial process, suggesting that it might help reduce instances of misguided and uninformed commentary on judicial procedures. However, he did stress that, given the need for proper administration of justice, certain proceedings might not be suitable for live broadcasting.