The Hong Kong Department of Justice’s Steering Committee on Mediation recently published a consultation paper reviewing the legal implications of offering apologies in the context of disputes. They recommend enacting legislation to encourage disputing parties to apologise without fear of incurring legal liability. The aim is to enhance the chances of early settlement and thus reduce recourse to formal legal action.
An “Apology Ordinance”, if enacted in the manner recommended in the consultation paper, would have far-reaching consequences for users of dispute resolution services and their advisors. For instance, the legislation would render inadmissible all forms of apology (both “partial apologies” which express regret, and “full apologies” which admit liability) from “civil proceedings”. This includes all non-criminal court actions of course, but also tribunals (including arbitral and disciplinary proceedings).
Is such far-reaching legislation necessary to increase the use and efficacy of apologies in Hong Kong? Will the proposed legislation deliver the desired goals? What are the knock-on effects if the legislation is enacted? In a recent article published in the September edition of the Hong Kong Lawyer, Julian Copeman, May Tai and Gareth Thomas, who earlier this year surveyed close to 100 clients on the use of mediation in Hong Kong, highlight the pitfalls such legislation may pose.
Read the article: 'Sorry seems to be the hardest word'
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