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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents