With James Berger, Charlene Sun
In our June 2010 edition of Stay Current, we discussed the Hong Kong Court of Appeal’s decision in "FG Hemisphere Associates LLC v. Democratic Republic of Congo", in which the Court of Appeal held that, while China continues to follow the absolute approach to sovereign immunity, its failure to impose its immunity doctrine on Hong Kong through legislation justified a finding that the common law restrictive immunity doctrine, which had been developed prior to the 1997 transformation of Hong Kong f