Immunity for State-Owned Enterprises?
20 June 2011
Following last week's Newsflash reporting on the Congo case, we have received queries on whether Mainland state-owned enterprises ("SOE"s) can claim immunity in the Hong Kong Courts.
The Congo case did not deal with the status of SOEs or other government-related entities (instead the case dealt with the Congo as a State).
As discussed below, while it is unlikely that SOEs could claim immunity from proceedings in the Hong Kong Courts, a recent case at the Court of First Instance ("CFI") (which is under appeal) sheds some light on this area of law.