Hong Kong Judge: PHL Govt Immune from 2010 Manila Hostage Case

“A sovereign nation is immune from litigation,” said a Hong Kong High Court judge who has ruled out the Philippine government as a defendant in a case filed by victims of the 2010 Manila hostage crisis.

Justice Mohan Bharwaney however said that the litigants can still proceed with the civil claims, Hong Kong’s The Standard reported on Friday.

Gma news online report said lawyers of the kin of the Manila hostage victims said that they were considering an appeal over the judge’s decision. The Hong Kong Standard said the respondents include former Manila Mayor Alfredo Lim and top police officers and officials, Gma news online said.

On August 23, 2010, dismissed Senior Inspector Rolando Mendoza took hostage a bus full of tourists in Manila to demand his reinstatement to the police force. Mendoza and eight Hong Kong tourists were killed in a botched rescue operation, Gma news online said.

Reports said that in the ruling, Justice Bharwaney cited the “Congo Case” of 2011, a complicated business dispute that The Standard’s report said showed a sovereign state “enjoyed absolute immunity and was protected from litigation.”

The latest case by the survivors and the victims’ kin had sought an apology as well as damage from the defendants. Among the litigants in the latest case were survivors Yik Siu- ling and Joe Chan Kwok-chu as well as slain tour guide Masa Tse Ting-chunn’s mother Lee Mei-chun, the online news said.

Moreover, The Standard said the litigants were given 42 days to deliver writs of summons to the defendants in the Philippines. The Standard said barrister Cheung Yiu-leung, who represented the plaintiffs, on Thursday sought a closed-door hearing. However,Justice Bharwaney said he did not see a need for this because of the immense public concern on the case, said the online news.

Cheung then requested an adjournment for four months to allow “more parties” to attend the hearing in Hong Kong.

When Justice Bharwaney asked if there was any basis to suggest that the Philippine government would agree to be a party in a Hong Kong court, Cheung replied, “I am not in a position to say yes or no for them.” Gma news online said.

Source: Gma news online