8 Feb 2006
MR. ILAN, ROLAND R. t/a MAKRO DESIGNS HK v. MRS. CORAZON BELMONTE-JOVER AND OTHERS
- Citation
- MR. ILAN, ROLAND R. t/a MAKRO DESIGNS HK v. MRS. CORAZON BELMONTE-JOVER AND OTHERS
- Court
- District Court
- Case number
- DCCJ1866/2005
The Chief Secretary's certificates under section 7 of the CRO conclusively established that the defendants were consular officers/employees; the contracts and compromise agreement were signed in official capacity for the Republic of the Philippines and related to maintaining the official residence, a consular function under Article 5(m); therefore Article 43(1) immunity applies and the Hong Kong court lacks jurisdiction, so the writ and its service were set aside; no costs were ordered to avoid any argument of waiver.