Hong Kong Case Law: Decisions & Judgments

Topic

Sovereign immunity

Legal area

Court

19 Jul 2023

徐瑞斌對香港高等法院及另一人

Citation

[2023] HKDC 981
Court

District Court
Case number

DCCJ5222/2022

The court struck out and dismissed all four actions because the statements of claim failed to disclose any reasonable cause of action, were frivolous and vexatious and constituted an abuse of process; judicial officers are protected by judicial immunity under Basic Law Article 85; 'Hong Kong High Court' is not a proper defendant for the pleaded causes; the Regional Court lacked jurisdiction to entertain the matters framed as challenges to administrative/sovereign or judicial decisions; the pleadings were incurably defective; plaintiff ordered to pay costs.
19 Jul 2023

徐瑞斌對萬可宜

Citation

[2023] HKDC 981
Court

District Court
Case number

DCCJ12/2023

The court struck out and dismissed the four statements of claim because they did not disclose a reasonable cause of action, were malicious, frivolous and an abuse of process, and in any event were legally barred by judicial immunity and jurisdictional rules; amendments would be futile. Costs were awarded to defendants.
19 Jul 2023

徐瑞斌對香港入境事務處及另一人

Citation

[2023] HKDC 981
Court

District Court
Case number

DCCJ87/2023

The court struck out and dismissed all four actions because the statements of claim failed to disclose any reasonable cause of action, were malicious/frivolous and amounted to an abuse of process; certain claims were barred by judicial immunity under Basic Law art.85; some defendants ("Hong Kong High Court") could not properly be sued as pleaded; and the District Court lacked jurisdiction to entertain matters properly pursued by judicial review in the High Court. The pleadings were incurably defective and amendment would be futile.
19 Jul 2023

徐瑞斌對香港高等法院及另一人

Citation

[2023] HKDC 981
Court

District Court
Case number

DCCJ5073/2022

The court struck out and dismissed the four statements of claim because they did not disclose any reasonable cause of action, were frivolous, vexatious and an abuse of process, included impermissible claims against judicial officers protected by judicial immunity, raised matters properly subject to sovereign immunity or judicial review in another forum, and therefore were unsalvageable by amendment; costs were awarded to the defendants.
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.
29 Sept 2020

DR. LEUNG KAM CHUNG KENNETH v. THE AUSTRALIAN CONSULATE GENERAL, HONG KONG

Citation

[2020] HKCFI 2533
Court

Court of First Instance
Case number

HCSA19/2020

The Court held the activities complained of were acts performed in the exercise of consular functions and therefore immune from jurisdiction under the Consular Relations Ordinance and the Vienna Convention; accepting payment for visa application processes did not amount to criminal theft and the claim had no realistic prospect of success and was properly dismissed as frivolous or vexatious under s25 of the Small Claims Tribunal Ordinance, so leave to appeal was refused.
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…
23 Apr 2010

INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"

Citation

INTRALINE RESOURCES SDN BHD v. THE OWNERS OF THE SHIP OR VESSEL "HUA TIAN LONG"
Court

Court of First Instance
Case number

HCAJ59/2008

Sovereign and modified sovereign immunity claims were rejected. The court found that crown immunity survives as a doctrine applicable to the CPG as the new sovereign and that Guangzhou Salvage Bureau (GZS) is part of the Ministry of Communications and an emanation of the CPG entitled to claim crown immunity; however, on the facts GZS waived and/or submitted to the jurisdiction by its conduct (participation in proceedings, filing a counterclaim, arranging bail) so the defendants’ summons seeking stay/dismissal was dismissed and the court retained jurisdiction to proceed.
19 Mar 2010

FG HEMISPHERE ASSOCIATES LLC v. DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS

Citation

FG HEMISPHERE ASSOCIATES LLC v. DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS
Court

Court of Appeal
Case number

CACV373/2008

The Court held that the costs of the appeals and respondent notices should be ordered against the defendants but should not include the Secretary for Justice because the Secretary's intervention was made in the public interest and did not attract a costs order; immediate taxation of the appeals' costs was deferred pending determination of further appeals to the Court of Final Appeal and the inquiry at first instance, and the costs of the originating summons and defendants' summonses were to remain reserved.
10 Feb 2010

FG HEMISPHERE ASSOCIATES LLC v. DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS

Citation

FG HEMISPHERE ASSOCIATES LLC v. DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS
Court

Court of Appeal
Case number

CACV43/2009

Majority: Hong Kong common law continues to recognize the restrictive doctrine of state immunity post-1997; an application for leave to enforce a foreign arbitral award invokes the court's jurisdiction and impleads the State (so immunity must be considered at that stage); submission to ICC arbitration by a State which is not party to the New York Convention does not, without more, imply a waiver of immunity from jurisdiction or from execution; on the facts the DRC had not waived immunity but FG was entitled to leave to enforce the awards and injunctions were restored pending inquiry into whet…