THE APOLOGY ORDINANCE: BOLD STEPS INTO SOME UNCHARTED AREAS OF APOLOGY PROTECTING LEGISLATION

Prue Vines, Robyn Carroll

Research output: Contribution to journalArticle

Abstract

The Apology Ordinance (Cap 631) commenced on 1 December 2017. This legislation is the first apology-protecting legislation in Asia, adding to similar legislation in many common law jurisdictions. In this article, we consider the need for, aims of and some concerns about, apology-protecting legislation and the ways that the Apology Ordinance advances the objects of the legislation: to reduce the frequency of and animosity associated with litigation. The Ordinance has a number of features similar to other apology legislation, as well as new features which have not been incorporated into legislation elsewhere. This article analyses these features of the legislation and issues that may arise in the future and discusses these in light of the objects of the legislation. Our analysis explains why, by taking bold steps in some areas, the Hong Kong Ordinance has become the most comprehensive apology-protecting legislation in existence.

Original languageEnglish
Pages (from-to)925-951
Number of pages27
JournalHong Kong Law Journal
Volume48
Publication statusPublished - 2018

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