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The following is issued on behalf of the Judiciary:
In response to press enquiries, the Judiciary issued the following statement today (July 20):
On May 16, 2008, a New York company commenced an action against the Democratic Republic of Congo ("the Congo Government") and several Chinese state-owned companies seeking to enforce two arbitration awards. The Congo Government raised the issue that as a foreign state, it enjoyed sovereign immunity and that the Hong Kong courts have no jurisdiction to entertain the claim. The Secretary for Justice joined as an intervener to advance submissions on sovereign immunity.
On December 12, 2008, the Court of First Instance held that the Hong Kong courts have no jurisdiction over the claim.
On February 10, 2010, the Court of Appeal (by majority) reversed that decision, holding that the Hong Kong courts have jurisdiction over the claim.
The Congo Government has appealed to the Court of Final Appeal which has fixed the hearing for March 2011.
On June 30, 2010, in connection with its appeal, the Congo Government applied to the Court to consider "whether article 158 of the Basic Law requires the Court to seek an interpretation of articles 8, 13 and/or 19 of the Basic Law from the Standing Committee of the National People's Congress".
Yesterday, at a directions hearing conducted by the Acting Registrar of the Court, the question was raised, among other matters, as to whether this application should be heard by the Court prior to or at the same time as the hearing of the appeal in March 2011. The Acting Registrar, in giving procedural directions for the appeal, decided that the application should be heard by the Court at the same time as the substantive appeal in March 2011.
The Judiciary would like to clarify that the question of a possible reference under article 158 of the Basic Law was not initiated by the Court but was only raised by the Congo Government as an issue in the appeal. The Acting Registrar was only giving procedural directions including when the issue should be heard by the Court.
Ends/Tuesday, July 20, 2010
Issued at HKT 19:00
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