The Courts (Remote Hearing) Ordinance (Cap. 654) came into effect on 28 March 2025, authorising and broadening the use of remote hearings, particularly for shorter and non-trial criminal proceedings, by establishing a comprehensive legal framework for conducting remote hearings across all levels of courts and tribunals.
Jennifer Wu, an expert in TMT and commercial disputes at Pinsent Masons, said: “As remote hearings become more common, adaptability and technological proficiencies are no longer optional — they are essential skills for modern legal practice. Legal practitioners must be prepared to operate flexibility on digital platforms and be comfortable with all virtual courtroom etiquette in order to meet the tech-driven advancements in the legal system.”
A remote hearing is a court proceeding ordered by the court to be conducted via a remote medium, such as telephone or live audio-visual link. The ordinance allows remote hearings for civil cases and non-trial criminal proceedings, such as pre-trial reviews and case management conferences.
When determining whether to order a remote hearing, the court must take into account several factors, including the nature, complexity and urgency of the case, the type of evidence involved, the views of the parties, the ability of the parties to engage with and follow the proceeding, any impairments or special circumstances affecting the parties, the fair and efficient resolution of the matter and other relevant factors.
“These considerations ensure that remote hearings are used appropriately and do not compromise the fairness or integrity of the judicial process,” Wu said.
Courts will ensure public access to public remote hearings through, for example, issuing directions on live broadcast. The ordinance also introduces new offences of unauthorised recording, publishing and broadcasting of both physical and remote hearings to safeguard the integrity of proceedings.
If there are concerns about the reliability of any remote testimony, the court may amend or revoke the remote hearing order and require in-person attendance.
Wu said: “Effective preparation is crucial to ensure smooth and efficient remote hearings. Parties are encouraged to liaise with the court on logistics, address technical questions, and do equipment test runs prior to the hearing.”
“Legal practitioners and participants preparing for remote hearings should ensure that all required hardware such as video conferencing (VC) units, laptops, display monitors, cameras, speakers and microphone function properly and that they connect to the remote website of the court’s VC system well before the scheduled hearing time to address any connectivity or technical issues,” she said.
“Choose a quiet, well-lit and private location free from interruptions to create a professional and distraction-free setting, and do not share any VC links on public forums or with individuals who do not need to be present. Avoid using public Wi-Fi to ensure secure connections.”
Educating those needing to attend the remote hearings on the process, providing clear instructions on how to log in, explaining the technology involved and preparing them for what to expect during the hearing and how to give evidence virtually are also important steps to ensure smooth running of hearings in the virtual space, according to Wu.