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
- Court
- Court of Final Appeal
- Case number
- FACV6/2010
By majority the Court held that the rule on state immunity in Hong Kong falls within matters of foreign affairs for which the Central Peoples Government is responsible; because the PRCs consistent position is absolute immunity and the question of absolute vs restrictive immunity concerns the CPGs foreign affairs responsibility and the CPG-Region relationship, the Court must refer the formulated questions to the Standing Committee under Basic Law art.158(3) before finally determining jurisdiction; provisional orders followed restoring Reyes Js orders and declaring no jurisdiction over the…