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Apology Ordinance (Cap.631): Commentary and Annotations

 

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Apology Ordinance (Cap.631): Commentary and Annotations
Mar 2018
DUO (Print+eBook)


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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.

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