House Rules for the Maintenance of Order and Security on Court Premises
These Rules seek to consolidate and refine as necessary the
practices that the Judiciary has been adopting to maintain order or
security in Court Premises. Recent developments such as the
introduction of security screening on Court Premises by phases as far as
practicable have also been taken into account.
Rule One – Objectives, Interpretation & Application
| 1.1 | For the purpose of these Rules,
| (a) | “Court Premises” means the buildings, grounds, floors, or any parts thereof that are under the management of the Judiciary;
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| (b) | “Controlled parts of Court Premises” refers to Court Premises or parts of Court Premises that may only be accessed by court users and members of the public after the security checks mentioned in rule 4.2 below;
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| (c) | “Judges” includes judicial officers; and
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| (d) | “Security Officers” means those individuals (whether or not they are members of the Judiciary Staff) engaged by the Judiciary to provide security services.
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| 1.2 | The Chief Justice is responsible for the administration of the Judiciary. He is assisted by the Judiciary Administrator in discharging such responsibilities, including the management of Court Premises. Proper management of Court Premises is essential to the provision of a safe and secure environment to all court users. These Rules are issued to help maintain good order and security in Court Premises.
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| 1.3 | All persons accessing Court Premises are subject to these Rules. The Judiciary Administrator may amend these Rules from time to time or issue instructions to facilitate better management.
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| 1.4 | These Rules are in addition to all applicable laws, whether or not specifically referred to in these Rules. In particular, nothing contained in these Rules shall :
| (a) | limit the Judge’s inherent jurisdiction to regulate the order and decorum of the Court; and
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| (b) | be prejudicial to, or in any way fetter, the exercise of the Judge’s powers in relation to a contempt of court which may include the imposition of fines and/or imprisonment.
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Rule Two – General Principles
| 2.1 | These Rules are supplemented by any instructions or directions given by the Judiciary Staff, Security Officers and/or other individuals authorized by the Judiciary Administrator.
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| 2.2 | Failure to comply with these Rules and/or directions of the Judiciary Administrator, Judiciary Staff, Security Officers or other authorized personnel may result in denial of entry, removal from Court Premises and/or refusal of re-entry. Any violation of law, these Rules or any applicable directions may be reported to the Police or other appropriate authorities.
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| 2.3 | Certain court hearings are not open to the public or media. Only the following persons may enter the courtroom in such hearings :
| (a) | a party to the hearing;
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| (b) | the legal or other authorized representatives of a party to the hearing;
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| (c) | a witness who is to testify at the hearing; and
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| (d) | any other persons as approved by the Judge concerned
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All other persons may not enter the courtroom.
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Rule Three – Restricted Areas
| 3.1 | A “Restricted Area” means those areas not open to the public as designated by the Judiciary Administrator. They include the office areas, car parking areas and other areas for the use by the Judges, Judiciary Staff or other authorized personnel.
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| 3.2 | Unless permitted to do so, no person shall enter the Restricted Area.
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Rule Four – Admission to Court Premises
| 4.1 | Where deemed appropriate, the Judiciary Administrator, Judiciary Staff, Security Officers or other authorized personnel may :
| (a) | refuse entry to Court Premises;
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| (b) | admit entry to Court Premises; or
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| (c) | direct any person to leave Court Premises.
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| 4.2 | The Judiciary Administrator, Judiciary Staff, Security Officers and other authorized personnel may direct any person wishing to enter Court Premises or parts of Court Premises to be subject to such security checks as may from time to time be deemed appropriate. Such security checks may be carried out on the person, any belongings and accompanying baggage. Details are provided on the Judiciary’s website and on notices posted at the relevant court building.
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| 4.3 | The Judiciary Administrator, Judiciary Staff, Security Officers or other authorized personnel may request any person entering or remaining on controlled parts of Court Premises to dispose of prohibited items set out in Rule 5 below, and/or store any item in a locker or such other designated place1.
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| 4.4 | The Judiciary Administrator, Judiciary Staff, Security Officers or other authorized personnel may also conduct security checks where appropriate.
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Rule Five – Prohibited Items
| 5.1 | Court users are generally permitted to bring only those items which are relevant to court purposes. The Judiciary Administrator, Judiciary Staff, Security Officers or other authorized personnel may prohibit any item from being brought into Court Premises or the controlled parts of Court Premises.
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| 5.2 | No one entering or remaining on Court Premises shall possess any items prohibited by law, or any items that may pose a danger to the people or property at Court Premises, such as the following :
| (a) | any arms or objects generally not allowed to be carried under the law, including but not limited to offensive weapons as defined in the Public Order Ordinance (Cap. 245); or
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| (b) | any substance (whether in liquid, solid, or gas form), material, or other items that may, or is suspected to, pose a danger to the people or property on Court Premises.
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| 5.3 | Items such as knives, letter openers, scissors, screwdrivers, animals2 or any item that in the opinion of the Judiciary Staff and/or Security Officers may be used as a weapon are also prohibited.
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| 5.4 | Water and drinks are also prohibited in the controlled parts of Court Premises that are subject to security checks, unless such are made available within the controlled parts of Court Premises
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Rule Six – Maintaining Order in General
| 6.1 | Any person entering or remaining in Court Premises must not cause any danger, damage, disruption or disorder
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| 6.2 | Any person causing any danger, damage, disruption or disorder may be reported to the Police or other appropriate authorities and be directed to leave Court Premises.
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| 6.3 | In particular, where court proceedings are broadcast in any area outside a courtroom (whether in the court lobby or otherwise), all persons must at all times maintain good order and be quiet.
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Rule Seven – Demonstrations
| 7.1 | For the purpose of this Rule, the term “demonstration” includes :
| (a) | any public gathering, public meeting, or public procession as defined in the Public Order Ordinance (Cap. 245); and
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| (b) | all other forms of conduct (such as picketing, speechmaking, marching, play‑reading, recital, performance or an exhibition) involving a communication or expression of views or grievances.
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| 7.2 | All persons entering or remaining on Court Premises shall maintain good order and not exhibit any conduct that may disrupt the good order and normal court operations or adversely affect the safety of others. Such conduct includes conduct that :
| (a) | is riotous or disorderly;
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| (b) | create nuisances and disorder (including the use of a loud speaker);
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| (c) | threatens, intimidates or endangers others;
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| (d) | unreasonably obstructs the normal use of common areas such as entrances, lobbies, courtrooms, waiting rooms, corridors, elevators and stairways; or
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| (e) | prevents the general public from properly exercising the right of access to court at Court Premises.
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| 7.3 | Without prejudice to the above, any demonstration (including the display of signs and/or banners) shall only be allowed on Court Premises if they take place in a designated area deemed appropriate by the Judiciary Administrator, Judiciary Staff, Security Officers or other authorized personnel. Further :
| 7.3.1 | No display of materials or items overnight is allowed. No demonstrator is allowed to stay on Court Premises overnight.
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| 7.3.2 | Demonstrators shall be responsible for the removal of all materials or items displayed by them.
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| 7.3.3 | The Judiciary Administrator, Judiciary Staff, Security Officers or other authorized personnel retain full discretion to remove without prior notice any materials which in their opinion are objectionable, or any materials or items which have been left overnight.
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| 7.4 | As the circumstances may require, the Judiciary Administration may enlist assistance from the Police to maintain or restore the order in Court Premises.
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Rule Eight – Special Rules Applicable to Courtrooms
| 8.1 | The Judge at a hearing may give directions from time to time to maintain order or ensure security in a courtroom. All persons in the courtroom must at all times observe such directions.
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| 8.2 | On the directions of the Judge, the Judiciary Staff or Security Officers may obtain the particulars of a person (including his or her name, address, telephone number and identity card number).
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| 8.3 | Conduct which is strictly prohibited in a courtroom (whether or not the courtroom is in session) includes but is not limited to the following :
| (a) | attacking, threatening, intimidating or endangering the Judge, Judiciary Staff, Security Officers, other authorized personnel, or other users of the Court;
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| (b) | behaving riotously or in a disorderly manner; or
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| (c) | causing any obstruction, annoyance, nuisance, or disturbance to the Judge, Judiciary Staff, Security Officers, other authorized personnel and other users of the Court.
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| 8.4 | Any person who violates Rule 8.3 may be directed to leave the courtroom and denied re-admittance into the courtroom for a fixed duration and/or subject to undertakings in such terms as decided by the Judge. The assistance of the Police may be enlisted in order to restore or maintain order or ensure security in a courtroom.
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Full text of House Rules
Judiciary Administrator
January 2018 |
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