Rights and Assistance for Deaf Persons in Court Proceedings

Rights and Assistance for Deaf Persons in Court Proceedings

Legal Rights of Deaf Persons  

Deaf persons have the right to equal treatment under the law, including the right to participate in court proceedings on an equal footing. This right is provided for in a number of legal instruments. 

United Nations Convention on the Rights of Persons with Disabilities (CRPD): The CRPD mandates that persons with disabilities, including deaf persons, have the right to access justice on an equal basis with others. This includes access to effective communication and reasonable accommodations in legal proceedings. 

Basic Law and Hong Kong Bill of Rights Ordinance (Cap. 383): These laws guarantee equality before the law and ensure that all persons have the right to a fair trial and to legal representation, and that deaf persons enjoy the same legal protections as other residents. 

Disability Discrimination Ordinance (Cap. 487): This legislation prohibits discrimination against individuals with disabilities, including deafness, and requires the provision of reasonable accommodations to ensure access to services, including court proceedings. 

Guidance from the Equal Opportunities Commission: In November 2022, the Equal Opportunities Commission published Equal Access to Justice for Persons Who Are Deaf and Hard of Hearing: A Guide for Persons with Disabilities, Legal Practitioners, and Parties Involved in the Judicial Process. This guide sets out guiding principles for effective communication with deaf and hard of hearing individuals during legal proceedings, aiming to assist both legal practitioners and persons with disabilities in ensuring equal access to justice. 

Accommodations in Court Proceedings  

The Judiciary offers a range of accessibility aids and services to ensure reasonable accommodations for deaf individuals, supporting their full and effective participation in judicial proceedings. Key accommodations include: 

1. Communication Support  

Sign language interpreters: Professional sign language interpreters are provided by the Judiciary for deaf persons involved in court proceedings as parties, witnesses, or attendees. 

Infrared headphones and audio-guide-like receivers: Courts offer infrared headphones and audio-guide-like receivers to assist hard-of-hearing individuals, particularly those using hearing aids or cochlear implants, by amplifying courtroom audio. 

Real-time audio typing services: For deaf persons who do not use sign language but can understand written communication, real-time audio typing services are available during hearings, providing a live transcript of spoken content. 

Lip-speaking and lip-reading support: To facilitate lip-reading, courts may provide lip-speaking services. Additionally, presiding judges or judicial officers may grant exemptions from mask requirements during proceedings upon request to enable lip-reading. Masks with large transparent windows are also available for court staff to ensure visibility of facial expressions and lip movements when masks are necessary. 

2. Pre-hearing Preparation  

Early application: Deaf persons or their legal representatives inform the court of their communication needs well in advance. This ensures that necessary arrangements, such as booking a sign language interpreter, are made. 

Pre-hearing meetings: The trial judge and the relevant judicial officer may be asked to give special directions to allow the sign language interpreter to meet with the deaf person before the hearing begins to learn about his or her communication habits and preferences, thus ensuring effective communication between the two parties. 

3. During Hearing  

Continuous monitoring: Court staff and legal representatives should regularly check that assistive devices and sign language interpretation services function properly. Ask deaf persons and the sign language interpreter whether the pace of the hearing is appropriate and whether the deaf person is able to follow and understand the content.  

Ensuring clear communication: If the sign language interpreter or the deaf person misses part of the conversation in court, allow them to clarify, request repetition, or ask for the content to be rephrased if they wish. If issues arise, deaf persons or their lawyers should immediately notify the court to pause or adjust proceedings. 

Flexible accommodations: Judges may adjust proceedings, such as allowing mask exemptions or providing transparent masks, to meet the specific needs of deaf participants. 

Fees  

In criminal proceedings, the court will provide sign language interpretation services free of charge when necessary. In civil proceedings, however, parties may be required to cover the cost of such services if the court approves the application. 

Practical Tips for Deaf Persons  

Early application for assistance: It is recommended that an application form for “Request for Assistance in court proceedings/hearings” be submitted to the Court Registry at least two weeks before the hearing with details of the assistance required (e.g. sign language interpreter, audio transcription, infra-red headset, etc.). 

Arrive early to check the equipment: Arrive early to the courtroom to confirm that the aids (e.g. headset, receiver or audio typing service) are working properly. 

Report problems immediately: If problems are encountered during the hearing with sign language interpretation, auxiliary aids or staff visibility, etc. (e.g. sight impairment due to wearing of masks), they should be reported to the judge or the legal representative immediately so that timely follow-up actions can be taken.