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Hong KongLaw and Crime

Hong Kong passes law making it easier to say ‘sorry’ without legal consequences

The idea is that officials and others can apologise for mistakes without admitting they were at fault

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Secretary for Justice Rimsky Yuen defended the ‘sorry law’ in the Legislative Council. Photo: Nora Tam
Joyce NgandJulia Hollingsworth

Sorry may be the hardest word, but Hong Kong is hoping to make it easier after the Legislative Council yesterday passed an apology law that will help people to settle disputes by saying “sorry” without fear of admitting fault or legal liability.

Legco approved by 46-2 votes the long-awaited Apology Bill, which is intended to prevent the escalation of disputes, such as medical negligence cases, and to facilitate their “amicable” resolution. It was proposed by the government’s steering committee last year and will now apply to the administration as well.

Under the law, an apology, whether oral, written or by conduct expressing “regret, sympathy or benevolence”, will not be admissible as evidence to determine fault or liability in civil and other non-criminal proceedings, subject to certain exemptions.

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For example, if no other evidence is available in those proceedings, any factual information contained within an apology can be admissible as evidence, as long as the court or other authority presiding over the hearing considers it “just and equitable” to do so, having regard to “the public interest or the interests of the administration of justice”.

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Some lawmakers were concerned that the exemptive wording was too vague, but Secretary for Justice Rimsky Yuen Kwok-keung said it was appropriate.

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