Hong Kong Case Law: Decisions & Judgments

Topic

Jurisdictional immunity

Legal area

Court

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.
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.
30 May 1947

CHIU CHIK SENG AND OTHERS v. THE FRENCH GOVERNMENT

Citation

CHIU CHIK SENG AND OTHERS v. THE FRENCH GOVERNMENT
Court

Court of First Instance
Case number

HCAJ11/1946

The Court accepted unchallenged affidavits establishing that the French Government owned the vessel and retained the right of possession; because a writ in rem directed at such public property effectively impleaded the foreign sovereign and ousted the Court's jurisdiction, the prior proceedings and judgment were set aside and a declaration made that the French Government was entitled to possession of the vessel.

Hong Kong Case Law

XU RUIBIN v. REPUBLIC OF ARMENIA

MR. ILAN, ROLAND R. t/a MAKRO DESIGNS HK v. MRS. CORAZON BELMONTE-JOVER AND OTHERS

CHIU CHIK SENG AND OTHERS v. THE FRENCH GOVERNMENT