We are glad to share our recent experience in conducting a trial using video-conference facilities (“VCF”) in the High Court of Hong Kong.

In Mega Honour Holdings Limited v 李森田 and Others [2021] HKCFI 149, we successfully defended a Taiwanese energy group against claims by a local company representing Mainland investors. One of the highlights is the exceptional use of VCF throughout all factual and expert evidence given outside Hong Kong.

The use of VCF is discretionary and upon careful considerations. The starting point is always for proceedings to be conducted in court, where the credibility of witnesses can be examined under the solemn atmosphere of court rooms. That said, the COVID-19 pandemic has led to practical difficulties for foreign witnesses to attend the trial physically, in terms of border control, quarantine requirements and other hygiene concerns. Weighing all the factors, the court shall exercise its case management powers to secure the just resolution of disputes.

According to our experience, the following help the smooth and effective use of VCF: (i) check the availability of the Technology Court as soon as practicable, and adjust the trial timetable accordingly; (ii) coordinate with the Technology Court’s staff to test the compatibility of equipment in advance; and (iii) arrange for a neutral place (e.g. a room in a conference centre) for the giving of evidence in the presence of an observer (e.g. a foreign lawyer) to ensure fairness. Further guidance can be found in Practice Direction 29: Use of the Technology Court.

As technology advances, legal practitioners are encouraged to familiarize themselves with the use of VCF and remote hearings, which will become a permanent feature of our legal system very soon.

Another highlight of this trial is our counsel Mr. Samuel Wong’s cross-examinations of Mainland factual witnesses in Putonghua. This proved to be effective not just in saving the court’s time for interpretation, but also maintaining the momentum flow along direct cross-examinations without breaking off, in order to test the witnesses to the fullest.

In the growth of Asia dispute resolution services, trilingual proficiency has become integral for advocates and all lawyers.

This case is led by our consultant Ms. Sylvia Siu JP, assisted by litigation associate Mr. Mathew Liu and trainee solicitor Ms. Koey Wong.