Page:Mediation Ordinance (Cap. 620).pdf/7

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Mediation Ordinance

Ord. No. 15 of 2012
Section 9
A1625

(a) for the purpose of enforcing or challenging a mediated settlement agreement;
(b) for the purpose of establishing or disputing an allegation or complaint of professional misconduct made against a mediator or any other person who participated in the mediation in a professional capacity; or
(c) for any other purpose that the court or tribunal considers justifiable in the circumstances of the case.

(4) In this section—

child (未成年人) means a person under the age of 18 years.

9. Admissibility of mediation communications in evidence

A mediation communication may be admitted in evidence in any proceedings (including judicial, arbitral, administrative or disciplinary proceedings) only with leave of the court or tribunal under section 10.

10. Leave for disclosure or admission in evidence

(1) The court or tribunal specified in subsection (3) may, on application by any person, grant leave for a mediation communication to be disclosed under section 8(3) or to be admitted in evidence under section 9.

(2) For the purposes of subsection (1), the court or tribunal must take into account the following matters in deciding whether to grant leave for a mediation communication to be disclosed or admitted in evidence—

(a) whether the mediation communication may be, or has been, disclosed under section 8(2);
(b) whether it is in the public interest or the interests of the administration of justice for the mediation communication to be disclosed or admitted in evidence;