Apology Ordinance: a push for mediation in Hong Kong

In a dispute, the party causing injury may wish to express regret or sympathy to the injured party. However, such an apology may be argued as an admission of liability in litigations. Furthermore, an admission of fault may render insurance coverage void as insurance contracts typically prohibit admission of fault by the insured. Therefore, there is a general reluctance of parties who have caused injuries to apologize. In Hong Kong the use of apology in mediation is considered a worthwhile approach and an apology legislation would clarify the legal implications on its use. To this ends, the Hong Kong Government has proposed an Apology Legislation that is currently inviting comment. There are two primary concerns relating to the apology legislation – i) the reason for general reluctance of apologizing in the society and ii) how apology can facilitate the settlement of disputes. This paper discusses these two issues and suggest that the enactment of the proposed apology legislation is welcomed by the major stakeholders.