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After implementation of the Civil Justice Reform in 2009, mediation has been highly encouraged to settle cases in a costs efficient manner. While most commercial mediation cases focus on monetary settlement, for personal injury or negligence cases, victims and their families would expect receiving an apology to relieve their soreness. In a dispute following a mishap, a party causing injury may also wish to convey his apology or condolence to the injured person for the loss and suffering sustained, even he genuinely believed that he has done nothing wrong. However, it appears there is a common concern that an apology may be used as evidence of an admission of fault or liability.
To address the above concern, in the report published by the Working Group on Mediation of the Department of Justice in 2010, it was recommended that the question of whether there should be an apology ordinance in Hong Kong be considered. In 2012, the Secretary for Justice established the Steering Committee on Mediation. The working group of the Steering Committee published the 1st and 2nd rounds of consultation since 2015.
This seminar will focus on the relationship between mediation and apology, as well as to consider the apology law in some overseas legislation. Further, we will have an in-depth discussion on the draft apology legislation bill in Hong Kong.
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