PRACTICE DIRECTION – 35
USE OF MOBILE PHONES AND OTHER DEVICES
IN COURTROOMS
FOR COURT PROCEEDINGS INVOLVING JURY
Interpretation
1. For the purpose of this Practice Direction,
(a) “Jury Proceedings” refers to civil or criminal proceedings by jury at the High Court or inquests before the Coroner’s Court (including the empanelment of jury, but excluding any pre-trial hearings such as voir-dire or other mention hearings), regardless of whether the jurors are in the courtroom at any particular point in time;
(b) “Exempted Court Users” of a Jury Proceeding refers to :
(i) the parties to the proceeding;
(ii) legal representatives of the parties concerned;
(iii) members of the law enforcement agencies present at the proceeding; and
(iv) members of the media observing the proceeding in designated areas inside the courtroom.
(c) “General Court Users” of a Jury Proceeding refers to any court users other than the Exempted Court Users, including members of the public observing the proceeding; and
(d) “Prohibited Devices” refers to mobile phones and any other devices with photo-taking or video-recording capability.
Objectives and Application
2. The due administration of justice is of paramount importance for all court[1] proceedings, including jury proceedings. An important safeguard is the prohibition of photography and video‑recording inside court premises without permission.
3. Trial by jury is an important part of the administration of justice under the common law, which is constitutionally protected under Article 86 of the Basic Law. Jurors must be free from all actual or perceived interference, pressure or distraction. For this reason, the prohibition of photography and video‑recording assumes even greater importance inside courtrooms where jury proceedings are being held.
4. With the almost universal use of mobile phones and other devices with photo-taking or video‑recording capability (that is, Prohibited Devices) and their ease of use, extra measures are called for to prevent the taking or apparent taking of photographs or video‑recording inside courtrooms where jury proceedings are being held, lest the jurors’ uncompromised discharge of their duty may be or may be perceived to be affected.
5. This Practice Direction sets out the general restrictions on the use of Prohibited Devices inside courtrooms where civil or criminal trials by jury or inquests before the Coroner’s Court are being held. Non‑compliance with this Practice Direction may result in the offender being :
(a) held in contempt of court punishable by a fine or imprisonment; or
(b) prosecuted under section 7 of the Summary Offences Ordinance (Cap 228).
6. Subject to applicable law and house rules (including the prohibition of photography and video‑recording inside court premises), this Practice Direction does not affect the freedom at all times to use Prohibited Devices lawfully at other public parts of court premises.
Jury Proceedings
(A) General Restrictions on the Use of Prohibited Devices
7. Unless with the permission of the Judge[2] concerned, General Court Users entering a courtroom where a Jury Proceeding is held must completely switch off all their Prohibited Devices and put such devices in their bags/pockets whenever they are inside the courtroom (regardless of whether the court is in session). If they have no suitable bag/pocket, they must put the Prohibited Device(s) in a bag to be provided by the court.
8. If a Jury Proceeding is broadcast to an extension area at the court lobby or another courtroom where no jury is present, the general restriction in paragraph 7 above does not apply to the General Court Users in the courtroom extension areas.
9. For Exempted Court Users, they do not need to switch off or put away their Prohibited Devices whilst inside the courtroom or in the court extension area.
10. For the avoidance of doubt, as the General Court Users inside a courtroom where a Jury Proceeding is held have switched off their Prohibited Devices, the general permission on text-based communications set out in Practice Direction 32 (Use of Information Technology and Text-Based Communications in Courtrooms) will no longer apply so far as the Prohibited Devices are concerned. Practice Direction 32 will otherwise continue to apply to all court users.
(B) Consent for Search/Inspection to Facilitate Investigation
11. If any court users (including General and Exempted Court Users) wish to carry with them any Prohibited Devices into a courtroom where a Jury Proceeding is held, by and upon entering the courtroom, they are deemed to have given a general consent for the court or any persons authorized by the court to conduct any search or inspection of their Prohibited Devices for the purpose of ascertaining or investigating, in the case of General Court Users, whether the Prohibited Devices have completely been switched off, or, in the case of all court users, whether any photo or video-recording has been taken of anybody or anywhere inside the courtroom. They are also deemed to have given a general undertaking to the court to cooperate with any such search or inspection, a breach of which undertaking may by and of itself constitute a contempt of court.
(C) Judge’s General Powers
12. For the avoidance of doubt, this Practice Direction does not affect the Judge’s powers to impose at any time any other restrictions on the use of Prohibited Devices and/or revoke/qualify the above general exemption for Exempted Court Users. The Judge may also impose any other restrictions if the proper administration of justice so requires.
Court Proceedings other than Jury Proceedings
13. For the same purpose of ensuring the proper administration of justice, courts in respect of proceedings other than Jury Proceedings may also direct similar or other restrictions on the use of Prohibited Devices for individual proceedings as appropriate.
Effective Date
14. This Practice Direction shall come into effect on 19 July 2018.
Dated this 15th day of June 2018.
| (Geoffrey Ma) |
|
| Chief Justice |