Immunity in Hong Kong for Kleptocrats and Human Rights Violators
Simon N. M. Young
Faculty of Law, University of Hong Kong
October 1, 2011
Hong Kong Law Journal, Vol. 41, pp. 421-429, 2011
University of Hong Kong Faculty of Law Research Paper No. 2011/16
The Court of Final Appeal’s decision in Congo v FG Hemisphere has significant human rights implications beyond the borders of Hong Kong. Current and former heads of state wanted for crimes against humanity or grand corruption can rest assured that the Hong Kong court will not strip them of immunity from prosecution like the House of Lords did in the case concerning General Augusto Pinochet. Former leaders need only worry that the immunity has not been waived by the new rulers. Stolen state assets are also safe in Hong Kong, subject only to waiver of immunity and United Nations Security Council sanctions which China has allowed Hong Kong to implement and enforce.
Keywords: International Law, State Immunity, Hong Kong, Basic Law, China, Human Rights, Corruption
JEL Classification: K33, K42, N45working papers series
Date posted: November 26, 2011
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