Court Bans Use Of Mobile Phones During Jury Trials

The judiciary has announced a ban on the use of mobile phones inside courtrooms where jury proceedings are taking place.

The move comes after several incidents in recent weeks of visitors taking pictures of jurors and proceedings at the High Court.

Some incidents took place during politically charged cases linked to the Mong Kok riot in 2016 and the Occupy Central protests of 2014. In one instance, a photo of the jurors was sent to the judiciary with a message warning there were "more to come".

The judiciary's statement said jurors are protected by the Basic Law and should not be placed in a position where they feel threatened.

"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," it said.

"For this reason, the prohibition of photography and video-recording assumes even greater importance inside courtrooms where jury proceedings are being held," the announcement said.

But it said legal representatives, members of law enforcement agencies and the media will be allowed to use their mobile phones in designated areas.

Unless given permission by the judge, others will have to switch off their phones and other devices like tablets and put them in their bags or pockets whenever they are inside a courtroom, even if the court is not in session.

If someone does not have a suitable bag or pocket, the court will provide a bag to keep their devices in.

Anyone present in the courtroom during a jury trial will be deemed to have given their consent for their phones and devices to be checked to see if they have complied with the new rule.

The judiciary said more staff will be deployed to tell visitors about the restrictions on the use of phones and additional notices will be put up. The rules will also be explained before the commencement of court proceedings.