Appeal in the course of determination of an application for hearing in
camera, laid down the following principles (see pages 362-365):
"
19. First andforemost, "justice should not only be done, but should
"
manifestly and undoubtedly be seen to be done
:
R v Sussex
Justices, Ex parte McCarthy [1924] 1 KB 256, 259, per Lord
Hewart CJ. Open administration of justice is a fundamental
principle of common law: Scott v Scott [1913].AC 417; Rv Chief
Registrar of Friendly Societies, Ex parte New Cross Building
Society [1984] 1 QB 227 ; Re BU[2012] 4 HKLRD 417 . It is of
great importance, from the perspective of administration ofjustice,
for a number of reasons. The public nature ofproceedings deters
inappropriate behaviour on the part of the court. It also maintains
the public's confidence in th& administration ofjustice. It can result
in evidence becoming available which would not become available
if the proceedings were conducted behind closed doors or with one
'
or more of the parties or witnesses' identity concealed. It makes
uninformed and inaccurate comment about the proceedings less
likely. R v Legal Aid Board, Ex parte Kaim Todner [1999] QB 966
,
977E/F-G.
20. Second, from the litigants' perspective open justice also gives
,
effect to their rights to a public hearing guaranteed in article 10 of
the Hong Kong Bill ofRights.
21. Third, from the public's point of view, open justice, which
carries with it the freedom to attend proceedings and to report on
them, gives substance to the media's right to freedom of expression
15
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