MANILA, Philippines - A Hong Kong judge yesterday struck out a claim filed by victims of the Luneta hostage tragedy against the Philippine government on legal grounds, the South China Morning Post reported.
The High Court judge ruled that a sovereign state was immune from litigation in Hong Kong.
But Justice Mohan Bharwaney of the Court of First Instance said the two survivors and the mother of the tour guide who was killed in the bungled rescue three years ago could continue with their legal action against eight Philippine officials.
Lawyers for the three plaintiffs said they were considering an appeal on the ruling.
Last week, Lee Mei-chun, mother of slain guide Masa Tse Ting-chunn, and survivors Yik Siu-ling and Joe Chan Kwok-chu claimed they had suffered injuries and losses as a result of negligence or breach of duty by the Philippine government and the eight officials involved in the rescue attempt.
They are claiming millions of dollars in compensation.
The judge said he had not received any evidence on whether “the Republic of the Philippines is willing, or likely to be willing, to join as a party or is willing, or likely to be willing, to submit to the jurisdiction of this court.â€
The judge referred to the landmark Congo case, in which the Court of Final Appeal ruled that a sovereign state enjoyed “absolute immunity†and, therefore, was protected from civil or criminal litigation.
The eight Philippine officials were sued based on an investigation report on the bungled rescue attempt of the hostages.
The officials include former Manila mayor Alfredo Lim, Manila police superintendent Rodolfo Magtibay, Police Special Action Force chief Leocadio Santiago Jr., then police chief Jesus Versoza, former local government undersecretary Rico Puno, chief hostage negotiator Orlando Yebra, and Chief Inspector Santiago Pascual III.
The three filed the suit one day before the third anniversary of the tragedy, in which sacked policeman Rolando Mendoza took 22 Hong Kong tourists and three Filipinos hostage on a tour bus in Manila. He shot eight of the tourists before being killed by Philippine security forces.
The three said they only took legal action after their demands for an apology, compensation, punishment for officials responsible for the bungled rescue attempt, and better tourist safety were not met.
Yik and Chan filed a separate claim against Hong Thai Travel Services for negligence and breach of duty.