8 Sept 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
The SCNPC interpretation and the Court's majority decision establish that the CPG has the power under Article 13(1) to determine rules or policies on state immunity to be applied uniformly; that the courts of the HKSAR must apply and not depart from those rules pursuant to Articles 13(1) and 19; that such determinations are within 'acts of state' under Article 19(3); and that pre-1997 common law on state immunity must be applied only as modified to conform with CPG-determined rules, resulting in the HKSAR applying an absolute doctrine of state immunity in this case and a finding that the DRC…