ENG-2015 — Page 50

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The Legal System

UNCITRAL. In 2013, the ordinance was amended to include new provisions for reciprocal enforcement of arbitral awards between the HKSAR and the Macao SAR and for the judicial enforcement of relief granted by an emergency arbitrator before an arbitral tribunal is constituted, in line with the latest arbitration rules of many prominent arbitral institutions. In December 2015, the Department of Justice published a consultation paper, proposing to amend the ordinance so as to make it clear that disputes relating to intellectual property rights. can be settled by arbitration and it would not be contrary to public policy to enforce an award solely because the award is in respect of a dispute or matter which relates to intellectual property rights.

Four world-class arbitral institutions are established in Hong Kong. The Hong Kong International Arbitration Centre provides comprehensive support services for dispute resolution in Hong Kong and the region. Hong Kong also hosts a branch of the Secretariat of the International Court of Arbitration of the International Chamber of Commerce; the first arbitration centre of the China International Economic and Trade Arbitration Commission outside the Mainland; and the first arbitration centre of the China Maritime Arbitration Commission outside the Mainland.

The Department of Justice takes a leading role in promoting and developing mediation. The Secretary for Justice's Steering Committee on Mediation monitors the implementation of the Mediation Ordinance and the operation of the Hong Kong Mediation Accreditation Association Limited, an industry-led company limited by guarantee with the Bar Association, the Law Society, the Hong Kong International Arbitration Centre and the Hong Kong Mediation Centre as its founder members. It promotes the wider use of mediation among members of the public and in specific sectors, including small and medium enterprises, medical and health care, building management and property and intellectual property sectors. Initiatives undertaken in 2015 included a 'Mediate First' Pledge reception and seminar and a workshop focusing on evaluative mediation for resolving intellectual property disputes. In June, the steering committee launched a six-week public consultation on the enactment of apology legislation in Hong Kong, whose main objective was to encourage the making of timely apologies in order to facilitate amicable settlement of disputes by clarifying the legal consequences of making apologies. In December, the Department of Justice, together with the China Council for the Promotion of International Trade (CCPIT) and the Hong Kong Mediation Centre (HKMC), inaugurated a CCPIT-HKMC Joint Mediation Center that would be a platform for resolving cross-boundary commercial disputes.

The Mediation Ordinance, which took effect in 2013, provides a statutory framework for the conduct of mediation and addresses areas of law such as the confidentiality and admissibility of mediation communications in evidence without affecting the flexibility of the mediation process.

The Secretary for Justice

The Secretary for Justice heads the Department of Justice, and is the Chief Executive's legal adviser and a member of the Executive Council. He chairs the Law Reform Commission and is the Deputy Chairman of the Fight Crime Committee, and is a member of the Judicial Officers

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