The ruling in the Congo case by the National People's Congress Standing Committee, which is binding on local courts, is a step backwards, given that pre-1997 Hong Kong had adopted a policy of restrictive rather than absolute immunity, and this is clearly the way the world is going.
In the debt dispute, the Democratic Republic of Congo government had agreed to be bound by arbitration, but subsequently reneged. When the American company FG Hemisphere Associates - a so-called vulture fund - took the case to the Hong Kong courts, Congo insisted it had absolute immunity.
The Standing Committee's decision seems to be at odds with the fact that China in 2005 signed the UN Convention on Jurisdictional Immunities of States and Their Properties, under which states will not enjoy immunity in commercial matters.
However, China has not ratified the convention, which has yet to come into force. Presumably, if the convention does come into effect one day and is ratified by Beijing, it will extend the agreement to Hong Kong as well, reversing the latest decision. But that situation may be years down the road.
The latest interpretation is the fourth by the Standing Committee, with each sparking political disputes in Hong Kong with charges that the special administrative region's autonomy is being eroded. This time, because the interpretation was requested by the Court of Final Appeal, there is an even stronger sense that the judiciary's independence is being eroded.
Each time there is such a controversy, Beijing is asked to intervene and, each time, relations between Hong Kong and the central government suffer. It would be far better if Hong Kong could, on its own, resolve legal issues without running to Beijing.