ENG-2017 — Page 65

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The Legal System

International Economic and Trade Arbitration Commission, and China Maritime Arbitration Commission.

The department takes a leading role in promoting and developing mediation. The Steering Committee on Mediation, appointed and chaired by the Secretary for Justice, monitors the implementation of the Mediation Ordinance, which took effect in 2013. The ordinance provides a statutory framework for the conduct of mediation and addresses areas of law such as the confidentiality and admissibility of mediation communication in evidence without affecting the flexibility of the mediation process.

The steering committee also monitors the operation of the Hong Kong Mediation Accreditation Association Limited, an industry-led company limited by guarantee with the Bar Association, Law Society, Hong Kong International Arbitration Centre and Hong Kong Mediation Centre as its founder members. In addition, the steering committee promotes the wider use of mediation among the public and in various sectors, including small and medium enterprises, medical and health care, building management and property, intellectual property and education, ethnic minorities and new immigrants.

Having regard to the steering committee's recommendations published in its final report on the enactment of apology legislation in Hong Kong, the department introduced apology legislation to clearly define the meaning of 'apology' and the legal consequences for persons making apologies, and to provide for the effect of apologies. The main objective of the Apology Ordinance is to encourage the making of timely apologies in order to facilitate amicable settlement of disputes. The ordinance was enacted in July and came into force on 1 December. Hong Kong is now the first jurisdiction in Asia to have apology legislation enacted.

To promote the wider use of mediation to resolve disputes, especially among small and medium enterprises, the department organised a Mediate First Pledge event in June. More than 500 participants attended the event and, by end-2017, over 460 entities had signed the pledge to signify their willingness to mediate disputes before pursuing litigation. In March, a Mediate First Pledge Logo and Star Logo design competition for all secondary students was held to select winning designs as logos for the 'Mediate First' campaign. A Mediate First Pledge Star Logo Award Scheme was also launched to encourage pledgees to fulfil their pledges.

To promote more extensive use, and enhance public awareness, of mediation to resolve disputes, the department in 2017 commissioned the construction of the West Kowloon Mediation Centre near the West Kowloon Law Courts Building and will, through a pilot mediation scheme, encourage the use of the centre's mediation services to resolve suitable Small Claims Tribunal cases and other appropriate types of disputes. The mediation centre is expected to be ready for use around early 2018.

The Joint Dispute Resolution Strategy Office, established in late 2016 to enhance the coordination of the department's work on arbitration and mediation, actively promotes Hong Kong's international legal and dispute resolution services by participating in conferences, seminars and other promotional activities overseas and on the Mainland.

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