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Hong Kong ‘sorry law’ to resolve disputes moves a step closer

Report says apologies would be accepted in most cases without legal consequences; lawmaker expects to see rise of insincere expressions of regret

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Tourism agency boss Wong Wing-kin apologises in 2013 after a number of visitors to Hong Kong were stranded without hotel rooms. Photo: Edward Wong

Hong Kong has moved a step closer to a “sorry law”, which aims to encourage parties to apologise in legal disputes and bear no legal consequences, with the publication on Monday of a final report on a proposed bill.

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The Steering Committee on Mediation made two recommendations on the long-awaited legislation, proposing that in most cases the apologies would not be used as evidence in court to determine legal liability.

But immunity would stop short of being absolute, the committee said, because the facts that accompany the apology could still be used in civil, disciplinary and regulatory hearings.

Legal practitioners were quick to point out that although the number of apologies from the government – currently bound by legal concerns – was expected to rise, the sympathy it offered might not be genuine.

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As the law stands now, officials and individuals are often reluctant to deliver a prompt apology in the case of a tragedy for fear of possible legal liabilities.

Democrat James To agreed a law would reduce injured feelings. Photo: David Wong
Democrat James To agreed a law would reduce injured feelings. Photo: David Wong
“There is going to be an increasing number of insincere apologies,” Democratic Party lawmaker James To Kun-sun said, adding that if the government offered more than a general apology, the additional details would still be subject to the court’s discretion.
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