Immunity in Hong Kong for Kleptocrats and Human Rights Violators

Hong Kong Law Journal, Vol. 41, pp. 421-429, 2011

University of Hong Kong Faculty of Law Research Paper No. 2011/16

10 Pages Posted: 26 Nov 2011 Last revised: 4 Sep 2015

Simon N. M. Young

The University of Hong Kong - Faculty of Law

Date Written: October 1, 2011

Abstract

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, N45

Suggested Citation

Young, Simon N. M., Immunity in Hong Kong for Kleptocrats and Human Rights Violators (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. Available at SSRN: https://ssrn.com/abstract=1964446 or http://dx.doi.org/10.2139/ssrn.1964446

Simon N. M. Young (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01275

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