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Published online by Cambridge University Press: 01 January 2021
State immunity — Jurisdictional immunity — Absolute and restrictive doctrines of immunity — Customary international law — Law applicable in Hong Kong — Effect of the resumption of sovereignty by China — United Kingdom legislation on State immunity ceasing to have effect in Hong Kong — Common law applicable prior to resumption of sovereignty — Adherence by China to the absolute doctrine of immunity — United Nations Convention on the Jurisdictional Immunities of States, 2004 — China signing but not ratifying Convention — Whether act of signing Convention altering China’s position regarding absolute doctrine — Whether restrictive doctrine of immunity part of the law of the Hong Kong Special Administrative Region
State — Autonomous regions — Hong Kong Special Administrative Region (“HKSAR”) — Resumption of sovereignty by China — International status of HKSAR — HKSAR not a separate sovereign — Application of international law in HKSAR — Whether possible for HKSAR to apply doctrine of State immunity different from that adhered to by China — Responsibility of China for acts of HKSAR — Hong Kong Basic Law — Responsibility of central government for foreign affairs — State immunity falling within scope of foreign affairs
Relationship of international law and municipal law — Customary international law — State immunity — Relationship between customary international law and common law — China adhering to absolute immunity doctrine — Whether HKSAR entitled to apply restrictive doctrine — Role of courts and executive — Independence of the judiciary — The law of the Hong Kong Special Administrative Region of the People’s Republic of China