Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Absolute immunity

  • 18 Jan 2023

    XU RUIBIN v. REPUBLIC OF ARMENIA

    Citation
    [2023] HKCFI 205
    Court
    Court of First Instance
    Case number
    HCA1730/2022

    Hong Kong follows the PRC law on state immunity as interpreted by the Court of Final Appeal in The Democratic Republic of Congo v FG Hemisphere Associates such that absolute state immunity applies and, absent waiver or submission to jurisdiction by the foreign state, the court has no jurisdiction to hear claims against that state; therefore the plaintiff's claim against the Republic of Armenia must be struck out.

  • 18 Jan 2023

    XU RUIBIN v. REPUBLIC OF SERBIA AND OTHERS

    Citation
    [2023] HKCFI 206
    Court
    Court of First Instance
    Case number
    HCA1753/2022

    The appeal is dismissed because Hong Kong follows PRC law on state immunity as established in Democratic Republic of Congo v FG Hemisphere Associates, which applies the doctrine of absolute immunity; there was no evidence Serbia waived immunity or submitted to the court's jurisdiction, therefore the claim was properly struck out for lack of jurisdiction.