Hong Kong Case Law: Decisions & Judgments

Topic

Act of state doctrine

Legal area

Court

24 Sept 2024

BANK A v. BANK B

Citation

[2024] HKCFI 2529
Court

Court of First Instance
Case number

HCCT73/2023

The court held the TSA contained a valid and enforceable arbitration agreement covering the disputes; Article 19 Basic Law certificate was not required because no contentious act of state or foreign affairs fact arose for adjudication; there were no strong reasons (futility, public policy, or unfairness) to refuse enforcement of the arbitration clause; the Defendant had acted in egregious breach by commencing and pursuing Russian proceedings and obtaining anti-suit orders; accordingly final anti-suit and ancillary injunctive and declaratory relief were granted and the Defendant's jurisdiction…
24 Sept 2024

BANK A v. BANK B

Citation

[2024] HKCFI 2529
Court

Court of First Instance
Case number

HCCT16/2024

The arbitration clause in the TSA is valid and covers the disputes; Article 19 Basic Law does not apply because no question of fact concerning an act of state arises; the defendant failed to show strong reasons (futility, public policy or inability to have a fair trial) to refuse enforcement of the arbitration agreement; accordingly final and mandatory injunctions and declaratory relief to restrain the Russian proceedings and their enforcement were granted.
8 Jun 2011

DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS v. FG HEMISPHERE ASSOCIATES LLC

Citation

DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS v. FG HEMISPHERE ASSOCIATES LLC<br><br>
Court

Court of Final Appeal
Case number

FACV5/2010

By majority the Court held that (1) state immunity is a matter of foreign affairs and relations between States and the PRC uniformly adopts absolute immunity; (2) because Hong Kong is an inalienable part of the PRC and foreign affairs are the CPG's responsibility, the HKSAR courts cannot adopt a contrary state‑immunity doctrine and must take account of the CPG position; (3) questions as to the interpretation of Articles 13 and 19 of the Basic Law affecting adjudication must be referred to the Standing Committee of the National Peoples Congress under Article 158(3); accordingly the Court prov…
17 Oct 1997

HKSAR v. CHEUNG HUNG NGAI

Citation

HKSAR v. CHEUNG HUNG NGAI
Court

Court of Appeal
Case number

CACC666/1995

The Court refused certification because the act-of-state point lacked a material foundation before the trial court and did not arise in the Court of Appeal s decision, the complaint about denial of records under the Bill of Rights was not raised or ruled on at trial or on appeal and therefore was not a point involved in the Court of Appeal s decision, and the power to certify substantial and grave injustice under s.32(2) is vested in the Court of Final Appeal, not this Court.

Hong Kong Case Law

BANK A v. BANK B

BANK A v. BANK B

DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS v. FG HEMISPHERE ASSOCIATES LLC

HKSAR v. CHEUNG HUNG NGAI