Read the full judgment text of HCCT 23/2015 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 8 June 2017 before Hon Mimmie Chan J.
Construction and Arbitration Proceedings — Enforcement of arbitral award against shares of a state-owned enterprise — Claim of Crown immunity from execution — Whether a wholly state-owned enterprise is part of or controlled by the Central People's Government (CPG) to claim Crown immunity — Application of control test and relevant PRC law — Independent legal entity and operational autonomy guaranteed under PRC Company Law and Assets Law — Importance of certification by the Crown or appropriate executive body to assert immunity — Role of Secretary for Justice intervention and expert evidence — Letter from Hong Kong and Macao Affairs Office clarifying status as independent legal entity not part of CPG — Respondent’s claim rejected due to lack of valid assertion and failure to satisfy control test — Charging order made absolute with costs awarded. This case decided under established common law principles post-1997 sovereignty handover and PRC constitutional and corporate law framework.
Legal issues: Assertion of Crown immunity by a state-owned enterprise · Validity of Respondent's assertion of Crown immunity on behalf of CPG
Outcome: The Respondent’s assertion of Crown immunity is dismissed; the charging order absolute against the Shares is granted.
Cited by 5 cases