Views sought on mediation development

The Department of Justice has launched a three-month consultation on more effective and extensive mediation in commercial and community disputes. In a report published by the cross-sector working group on mediation, the working group recommends enacting a standalone Mediation Ordinance to set out objectives and underlying principles. It also suggests including provisions establishing a single body for accrediting mediators. The group encouraged universities to consider enhancing mediation education and incorporate mediation into law faculties’ compulsory courses. It also supports the provision of legal aid for mediation.

Sex offence record checks proposed

The Law Reform Commission has recommended employers be allowed to check the criminal records of people working with children and the mentally handicapped in the report ‘Sexual Offences Records Checks for Child-related Work: Interim Proposals’. The check will only reveal convictions for a specified list of sexual offences. In the absence of legislation, the application for a record check will have to be submitted by the job applicant. The commission suggested that criminal records held by the police should be utilised to screen job applicants rather than introducing a register of sex offenders.

A check can be conducted in relation to certain professions or areas of work where there are specific statutory provisions such that the existence of a previous conviction is a ground for refusing registration. Examples are the provisions relating to school managers and teachers registered under the Education Ordinance (Cap 279), child minders under the Child Care Services Ordinance (Cap 243) and social workers registered under the Social Workers Registration Ordinance (Cap 505).