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
- FACV5/2010
The SCNPC interpretation is binding: the CPG has the power under Article 13(1) to determine rules or policies on state immunity to be applied uniformly; HKSAR courts must apply and give effect to those CPG-determined rules and may not depart from them; CPG determinations on state immunity fall within 'acts of state' in Article 19(3); Hong Kong's pre-1997 common law on state immunity must be applied only insofar as it is modified to be consistent with CPG-determined rules.