One Country, Two State Immunity Doctrines: A Pluralistic Depiction of the Congo Case

This article explores the space for a restrictive state immunity doctrine applicable in Hong Kong in light of its status as a special administrative region of China. After reviewing China's longstanding position, its domestic legislation and its signature of the UNJISTP, it finds China's policy shift from a conventional absolute state immunity doctrine to a restrictive one. Nonetheless, such a shift is not reflected in the Congo case. After examining the rulings of the CFI, CA and CFA, it argues that state immunity is a question of law to be interpreted by the courts. The competence to adopt a different state immunity doctrine may find its legal basis from "external affairs." This position would neither prejudice China's sovereignty nor run counter to Hong Kong's status as a special administrative region. In fact, China and Hong Kong frequently adopt different state immunity doctrines; such practice is not inconsistent with public international law.