In the case of FG Hemisphere Associates LLC v Democratic Republic of the Congo and others, the Hong Kong Court of Appeal held by a majority that Hong Kong adopts a restrictive approach to sovereign immunity. The Court of Appeal's decision is, however, open to a further appeal to the Court of Final Appeal.

(Click here to read FG Hemisphere Associates LLC v Democratic Republic of the Congo and others (CACV 373/2008 & CACV 43/2009) judgment and here to read our e-bulletin on the first instance decision dated 20 February 2009.)