Page:Mediation Ordinance (Cap. 620).pdf/5

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Mediation Ordinance

Ord. No. 15 of 2012
Section 6
A1621

(2) This Ordinance does not apply to a process specified in Schedule 1.

(3) This Ordinance applies to a mediation communication relating to any mediation to which this Ordinance applies.

(4) For the purposes of this section, it does not matter whether—

(a) the agreement to mediate is made before, on or after the commencement date of this Ordinance or entered into in Hong Kong or elsewhere;
(b) the mediation is conducted before, on or after the commencement date of this Ordinance or completed before that date; or
(c) the mediation communication is made before, on or after the commencement date of this Ordinance.

6. Application to the Government

This Ordinance applies to the Government.

7. Provision of assistance or support in mediation

The following sections of the Legal Practitioners Ordinance (Cap. 159) do not apply to the provision of assistance or support to a party to mediation in the course of the mediation—

(a) section 44 (penalty for unlawfully practising as a barrister or notary public);
(b) section 45 (unqualified person not to act as solicitor);
(c) section 47 (unqualified person not to prepare certain instruments, etc.).

8. Confidentiality of mediation communications

(1) A person must not disclose a mediation communication except as provided by subsection (2) or (3).