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Stuart Lau

Samuel Chan

Administrative or medical blunders are expected to be settled quicker under a government proposal to introduce a "sorry law" that seeks to separate an apology from legal liability.
Under the proposed apology legislation, a court cannot admit an apology as evidence even if the apology includes an admission of fault or liability. The government would be covered by the law, as well as private parties.
The new law, if endorsed, marks a departure from the current situation where officials and individuals are often reluctant to deliver a prompt apology in the case of a tragedy - even though it has a calming effect - for fear of possible legal liabilities.
The Department of Justice says the proposed law aims to "encourage the making of apologies in order to facilitate the amicable settlement of disputes by clarifying the legal consequences of making an apology".
A consultation paper released yesterday added: "Apology is important in the upfront management of anger and the emotional dimension of a complaint and conflict. It is observed that apology can have an impact in preventing litigation."
The paper has been released for six weeks of public consultation before the government decides whether to enact the law.
A culture of apology could lead to faster settlement of medical disputes, it notes.
"If the doctor offers an apology to the patient, thereby preventing the escalation of the conflict and ameliorating the patient's hostility towards the doctor, the patient would be more ready and willing to speak to the doctor and to allow the doctor to disclose more information as to the causes of the incident."
The paper said there was initially discussion on whether to exempt only a partial apology or a full apology, with only the latter entailing admission of fault or liability.
But it said academic studies found that a partial apology would be unlikely to yield any earlier settlement, while Canadian and Scottish legislation already favoured full apologies.
Similar apology laws exist in countries including the United States, Britain and Australia.
The Democratic Party's James To Kun-sun, a lawmaker who helps aggrieved parties seek redress from the authorities, expects the government to make great use of the new law.
"Given the massive number of encounters and legal relations it has with the public, the government is likely to be the primary user [of the legislation]," To said.
"There are many instances in which the government needs to offer an apology to present to the public a willingness to shoulder responsibility," he added.
To is helping families of people who died in the 2012 Lamma ferry disaster seek justice and punishment for those responsible. Marine Department chief Francis Liu Hon-por did not offer an official apology until almost eight months after the tragedy.
Liu said he had needed to seek legal advice first to avoid "possible problems" that could be raised by an official apology.
 


Hong Kong government 'likely to be primary user' of proposed 'sorry law'

Marine Department chief Francis Liu Hon-por apologised for the Lamma ferry disaster in May 2013 - some eight months after the tragedy. Photo: Edward Wong

A 'sorry law' for Hong Kong makes sense

Secretary for Justice Rimsky Yuen Kwok-keung. Photo: ISD

News

Hong Kong

Law and Crime

Government wants officials to apologise without admitting legal liability in court cases


Administrative or medical blunders are expected to be settled quicker under a government proposal to introduce a "sorry law" that seeks to separate an apology from legal liability.
