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
- Court
- Court of Final Appeal
- Case number
- FACV7/2010
By a majority the Court concluded that the question whether HKSAR courts may adopt a doctrine of state immunity differing from that of the PRC engages matters of foreign affairs and the relationship between Central Authorities and the Region in the Basic Law; as such the determination of the applicable rule of state immunity for Hong Kong cannot be taken independently of the CPGs position and the matter required provisional reference to the Standing Committee of the NPC under Basic Law art.158(3); accordingly, in the present proceedings the HKSAR courts lacked jurisdiction over the DRC consi…