Saying Sorry Without Legal Liability – Impacts for the Enactment of New Apology Ordinance (Cap. 631)
The Apology Ordinance (Cap. 631) was enacted in July 2017 and came into operation on 1 December 2017. The objective of the Apology Ordinance is to promote and encourage the making of apologies with a view to preventing the escalation of complaints / disputes and facilitating their amicable resolutions. It is the first of its kind in Asia region and is one of the most comprehensive versions in the world.
This training will cover the reasons for enacting apology legislation, the contents of the Apology Ordinance and the civil and criminal legal implications of offering an apology after commencement of the ordinance.
1. Meaning and Definitions of “Apology”
- Common types of “Apology” in Complaint Handling Process
- Expression of “Sorry”, “Regret”, “Sympathy”;
- Written Apology, Oral Apology vs. by Conduct;
- Statement of Facts;
- Admission of Fault and Liabilities in Accidents;
- Full Apology vs. Partial Apology
2. Legal Effects of Apology
- Will “Apology” be used in Legal Claims by complainants?
- Criminal Proceedings vs. Civil Proceedings
- Disciplinary and Regulatory Proceedings
- Admissibility of Evidence of Apology
3. Contract of Insurance or Indemnity
- Will an Apology made by staff affect any insurance cover under contract of indemnity of insurance?
- Will all the existing insurance contracts be affected under New Apology Ordinance?
- Legal effects on Time Limitation of Actions
Application to Public / Private Settings
- How will this “Apology Ordinance” be applicable to Public / Private settings?
4. Application of Apology Ordinance in Complaint Handling / Customer Services
- How to apply legal protection under the Apology Ordinance in Complaint Handling and Conflict situations?
- Strategies and handling skills of difficult external / internal customers and emotional clients
5. Case Demonstration and Practical Training
- Case studies regarding daily disputes.
- Real Cases sharing (including cases from Hong Kong Police Force, Labour Department, HKMA, Labour Department, Office of the Privacy Commissioner for Personal Data)
Who should attend
All interested individuals, especially those who are client facing and those in compliance.
Before Mr. So joined the legal profession, he had been one of the team members of a financial regulatory authority, responsible for conducting criminal investigation, handling litigation and disciplinary-related professional proceedings. Throughout his professional time as a regulator, he had personally handled over 800 financial disputes and their relevant litigations.