PRACTICE DIRECTION – 32
USE OF INFORMATION TECHNOLOGY AND TEXT-BASED
COMMUNICATIONS IN COURTROOMS
1. This Practice Direction should be read together with Practice Direction 35 on the Use of Mobile Phones and Other Devices in Courtrooms for Court Proceedings involving Jury which also sets out some restrictions on the use of mobile phones and other devices in courtrooms for jury proceedings. In particular, the general permission on text-based communication set out in this Practice Direction 32 does not apply to certain types of court users as specified in paragraph 10 of Practice Direction 35.
Application
2. WiFi has been introduced into all court premises throughout Hong Kong which court users, including members of the public, are able to join and hence send text-based communications such as text messages, e-mails and blog entries.
3. This Practice Direction applies to all courts[1] .
4. This Practice Direction primarily deals with the use of text-based communications in courtrooms, but excludes voice and image transmissions.
Restrictions
5. The reasonable use of text-based (as opposed to voice or image-based) communications in courtrooms, provided that this occurs without interfering with the proper administration of justice and without disturbing others in the courtroom is regarded as legitimate and permissible in promoting open justice.
6. It should, however, be noted that existing restrictions otherwise continue to apply. These include (non-exhaustively) the prohibition of both photography and sketching the prohibition of audio- or video-recording save with the express permission of the court and the prohibition of using mobile phones or other mobile communication devices to make or receive calls in courtrooms. As regards note-taking of court proceedings and use of electronic equipment for word processing purposes, prior approval from the court is not required although the court has of course the power to intervene if the proper administration of justice so requires.
7. As the Judge[2] has overriding responsibility to ensure that proceedings are conducted consistently with the proper administration of justice, the control of the use of text-based communications in courtrooms is a matter within the discretion of the presiding Judge as a matter of case management.
8. Provided that the proper administration of justice can be assured and subject to the considerations mentioned in this Practice Direction, the reasonable use in courtrooms of text-based communications with due regard to other court users is permitted. It should be noted that connecting devices to 3G or 4G and similar telecommunications networks interfere with the Court’s DARTS recording system. Accordingly, mobile phones or other mobile communication devices must first be switched to airplane mode, disconnecting them from any cellular telecommunications network and only then connected to the WiFi provided by the court may be used as a means for text-based communications subject to fulfilment of the conditions and requirements set out in this Practice Direction.
9. Bluetooth enabled devices, such as a mouse and/or keyboard, may be used in conjunction with such mobile communication devices and/or personal computers in courtrooms.
10. For the abovementioned reasons, all alerts of incoming messages or communications on such mobile communication devices must be switched to silent mode and the vibration function disabled.
11. To ensure that proceedings are conducted consistently with the proper administration of justice and to avoid any improper interference with the court’s processes, the Judge may withdraw permission for the use of text-based communications at any time.
12. Cases where permission will generally be withdrawn include cases where use of text-based communications may place the integrity of the court proceedings at risk or cause disturbance at the hearing. Non-exhaustive examples include the following:
(a) cases where the proceedings are not open to the public;
(b) cases where there may be a risk of improper communication between someone in a courtroom and a witness waiting outside to give evidence;
(c) cases where witnesses, jurors, counsel or other participants may be distracted or made to feel worried or pressurised by someone sending or receiving text-based communications in a courtroom; and
(d) cases where the equipment used is inappropriate, for example, involving noisy keyboard use, or causing electronic interference with the court’s microphone or recording system.
13. Particular vigilance against the undesirable use of text-based communications is required where the proceedings involve witnesses and jurors.
General
14. In the light of experience, it may be necessary or desirable to make revisions to this Practice Direction in the future.
15. For the avoidance of doubt, provisions stated in this Practice Direction do not entitle court users inside courtrooms to unrestricted use of any electronic equipment or any forms of communications or connections not covered in this Practice Direction or Practice Direction 35. Any such use must continue to require specific permission from the presiding Judge.
16. This Practice Direction shall come into effect on 19 July 2018.
Dated this 15thday of June 2018.
| (Geoffrey Ma) |
|
| Chief Justice |
[1] The reference to “court” in this Practice Direction covers courts and tribunals as applicable.
[2] The reference to “Judge” in this Practice Direction covers Judge and Judicial Officer as appropriate.