At a press conference on 15 November 2022 (Tuesday), the EOC announced the release of Equal Access to Justice for Persons Who are Deaf and Hard of Hearing, a practical guide meant to facilitate communication between different parties involved in the judicial process, including people who are deaf and hard of hearing (DHoH), legal practitioners and sign language interpreters. 

In recent years, DHoH persons have reportedly encountered barriers at different stages of the legal process due to misunderstanding or miscommunication.

As a statutory body tasked with enforcing the Disability Discrimination Ordinance and eliminating disability discrimination in Hong Kong, the EOC believes that DHoH persons, as with all persons with disabilities (PWDs), are entitled to equal rights before the law and effective access to justice.

Indeed, the United Nations Convention on the Rights of Persons with Disabilities, which was ratified by China in 2008 and entered into force in Hong Kong the same year, specifically provides under Article 13 that States Parties shall provide accommodation measures for PWDs in all legal proceedings (whether as direct participants or witnesses) so as to ensure they have effective access to justice, as well as promote appropriate training for those working in the field of administration of justice.

The Guide newly issued by the EOC not only sets out general principles for communicating with DHoH persons, but also contains suggestions for different participants in the judicial process, such as legal representatives, legal aid officers, sign language interpreters, etc., on effective communication with DHoH persons. Suggested points of consideration for judges and judicial officers are part of the Guide as well.

The EOC has suggested, for instance, that at the beginning of a court hearing, both the DHoH person and the interpreter (or the speech-to-text reporter or the lip-speaker as the situation may be) should be asked whether they are able to understand and communicate with each other and the court. Further, before offering any auxiliary aids and services, it is imperative to always ask about the needs of each individual DHoH person and identify the appropriate accommodation measures. This is important given the diversity of cultural and linguistic identities among DHoH persons and the variety of assistive devices available.

For further details about the Guide and the EOC’s recommendations, please click the links below.

• Read the press release
• Download the guide
• Watch the highlights of the Guide (Hong Kong Sign Language Version)