Li v Zhou [2014] NSWCA 176

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Li v Zhou [2014] NSWCA 176 Hearing dates: 28 March 2014 Decision date: 05 June 2014 Before: Bathurst CJ at [1]; Beazley P at [2]; Basten JA at [3] Decision: (1) Grant each applicant leave to appeal. (2) Dismiss each appeal. (3) Make no order as to the costs of the appeals. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: JURISDICTION - civil - immunity of foreign state - submission to jurisdiction - accession by People's Republic of China to Torture Convention - whether conferral of universal civil jurisdiction by Art 14 - whether submission for purposes of Foreign States Immunities Act 1985 (Cth), s 10.

PUBLIC INTERNATIONAL LAW - effect of entry into treaty - submission to jurisdiction of domestic courts of other State Party - effect of accession to the Torture Convention - construction of Art 14 - whether Art 14 provides for universal civil jurisdiction - application of Vienna Convention, Arts 31 and 32 Legislation Cited: 1926 International Convention for the Unification of Certain Rules Relating to the Immunity of State-Owned Vessels, Arts 1, 2

Constitution, s 75

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Arts 4, 5, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 27; Pt 1