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Apology Ordinance (Cap.631): Commentary and Annotations (Hardcopy + e-Book)

Apology Ordinance (Cap.631): Commentary and Annotations (Hardcopy + e-Book)

Author: Robyn Carroll; James Chiu; Prue Vines
Publisher: Sweet & Maxwell Hong Kong
ISBN: 9789626619582
Published In: March 2018
Format: Paperback + eBook , 174 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 750.00

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Remarks: e-Book version is also available. Please click here to purchase the e-Book version.

The thorough commentary, informed by comparative law … makes the book an asset not only for readers involved in the application of the Ordinance in Hong Kong, but also for those involved in the interpretation and application of similar provisions in other parts of the world.

From the Foreword by the Honourable Mr Justice French AC, NPJ, Former Chief Justice of the High Court of Australia

The Apology Ordinance (Cap.631) came into effect on 1 December 2017. Along with the Arbitration Ordinance (Cap.609) and Mediation Ordinance (Cap.620), the Apology Ordinance is the third in a trilogy of Hong Kong legislation that promotes non-litigious settlement of civil disputes. The Ordinance aims to promote and encourage the making of apologies with a view to preventing the escalation of disputes and facilitating their amicable resolution. This is the first stand-alone legislation on apology in Asia. Of particular significance, the Hong Kong legislation is the first in the world to define “apology” to include statements of fact (see s.8(2) of the Ordinance).

Apology Ordinance (Cap.631): Commentary and Annotations is a comprehensive commentary and annotation to the 13 sections and Schedule of the Ordinance. It provides a detailed analysis of the words and context of the legislation and of cases decided prior to the enactment of the legislation, as well as comparative content from common law jurisdictions with related legislation such as Australia, Canada and USA. Annotations are enhanced by the inclusion of useful Appendices one of which sets out the history of apology legislation around the world, and another which sets out the development of the Apology Ordinance in Hong Kong.

Lawyers and judges can draw on this text in their interpretation of the Ordinance. An extremely useful resource for other readers including practitioners involved in negotiations or mediation to resolve civil disputes which might lead to litigation.
Introduction

Long title

Section 1      Short title and commencement

Section 2      Object of this Ordinance

Section 3      Interpretation

Section 4      Meaning of apology

Section 5      Apology to which this Ordinance applies

Section 6      Meaning of applicable proceedings

Section 7      Effect of Apology for purposes of applicable proceedings

Section 8      Admissibility of evidence of apology

Section 9      Apology not a Limitation Ordinance acknowledgment

Section 10    Contract of insurance or indemnity not affected

Section 11     Other matters not affected

Section 12    Amendment of Schedule

Section 13    Application to Government

Schedule      Proceedings that are Not Applicable Proceedings

Appendix A   Apology Bill

Appendix B   Apology Ordinance

Appendix C   《道歉條例》

Appendix D   Steering Committee on Mediation Recommendations and their Implementation in the Ordinance

Appendix E   Waves of Apology Legislation Worldwide

Appendix F   History of the Development of the Apology Ordinance
Robyn Carroll is Professor of Law at the University of Western Australia and contributed to the development of apology legislation in Australia and Hong Kong

James Chiu is the Founder and Director of JC Professional Dispute Resolution Centre and was a member of the Working Group on Apology Legislationin Hong Kong

Prue Vines is Professor of Law at the University of New South Wales and contributed to the development of apology legislation in Australia, Scotland and Hong Kong