Beijing Hands Down its Decision on Sovereign Immunity
26 August 2011
Following our Newsflash in June on the landmark Congo case and our follow up Newsflash on immunity for state-owned enterprises ("SOEs"), we report on the latest developments.
Today, the Standing Committee of the National People's Congress ("NPC") passed its resolution on the interpretation of Articles 13(i) and 19 of the Basic Law, as sought by the Court of Final Appeal ("CFA") in the Congo case. The case is a legal landmark in post-handover Hong Kong, as it is the first time the Hong Kong judiciary has referred a case to the NPC for interpretation pursuant to Article 158 of the Basic Law, on the basis that the Hong Kong judiciary did not have jurisdiction to rule on the issues at hand.