8 Jun 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<br><br>
- Court
- Court of Final Appeal
- Case number
- FACV5/2010
By majority the Court held that (1) state immunity is a matter of foreign affairs and relations between States and the PRC uniformly adopts absolute immunity; (2) because Hong Kong is an inalienable part of the PRC and foreign affairs are the CPG's responsibility, the HKSAR courts cannot adopt a contrary state‑immunity doctrine and must take account of the CPG position; (3) questions as to the interpretation of Articles 13 and 19 of the Basic Law affecting adjudication must be referred to the Standing Committee of the National Peoples Congress under Article 158(3); accordingly the Court prov…