Insolvency & Restructuring

Hong Kong’s lack of a statutory regime for cross-border insolvency is in stark contrast with Singapore, which adopted the UNCITRAL Model Law on Cross-Border Insolvency in 2017. It is worth...
July 2019
Introduction The question arose in the recent case of Li Fu Hua (also known as Denise Li) v Chen Ching Chih and another HCMP 1374/2018, [2018] HKCFI 2786. Chronology 1. On 31...
May 2019
The judgment of the Companies Court in Re China Fishery Group Ltd [2019] HKCFI 174 comes on the back of its judgment in Re CW Advanced Techonologies Ltd [2018] HKCFI 1705. Both...
March 2019
In the past couple of decades, jurisdictions all over the world have been required to grapple with problems arising out of corporate insolvencies with cross-border elements. Solving these problems...
September 2018
Sections 221(1) to (3) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) were repealed and (in effect) replaced with sections 286B and 286C, pursuant...
June 2018
The Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance (Cap. 32) (the “Amendment Ordinance”) recently came into operation on 13 February 2017. The Amendment Ordinance brings...
April 2017
On 9 March 2017, the Hong Kong Law Society’s Academy of Law launched its inaugural Annual Insolvency Law and Practice Conference. The hugely popular event took place in a packed auditorium of the...
April 2017
Proceedings by bankrupt – claim by bankrupt to right to occupy property base on constructive trust – whether right personal or whether vested in trustees under s. 58(1) X, the deceased, bequeathed...
January 2017
In October 2016, a select panel of esteemed judges from eight jurisdictions met in Singapore for the inaugural Judicial Insolvency Network (“JIN”) Conference.  The judges were from Australia (...
December 2016
With the passing of more than 18 years since Segregated Portfolio Companies (“SPCs”) were introduced into Cayman Islands law, the Cayman SPC is now regarded as an established option for international...
December 2016
Priority of debts – petitioning creditor – application for priority payment from bankrupt’s estate under s.38(5B) – legal costs incurred to fund proceedings to recover assets for creditors’ benefit...
November 2016
An event like the “Panama Papers” has raised questions about the restrictions on disclosure of information in offshore jurisdictions. In response to these concerns, on 15 July 2016, the Governor of...
September 2016
This letter is written in response to Davyd Wong’s article, While We Wait: Using Consumer Protection Provisions in Insolvency, published in the Hong Kong Lawyer’s August 2016 issue (the “Article”),...
September 2016
Whether it’s the kids’ day-care, the family holiday, or that gym membership we eagerly signed up for on the first of January, paying for goods and services before receiving them is the normal...
August 2016
Increased levels of debt restructuring point to a broader pattern across Asia and underscore the need for active liability management. While speculation about debt build-up will naturally be...
June 2016
With the use of British Virgin Islands ("BVI"), Bermuda and Cayman Islands entities continuing to grow in popularity in Asia, the ability of a party to freeze a party’s assets pending the outcome of...
May 2016
With the use of Bermuda, BVI and Cayman Islands companies continuing to grow in Asia, one question we are increasingly being asked to advise on is whether it is possible to obtain interim freezing...
May 2016
Petition – bona fide dispute as to debt – whether higher standard required for resisting petition on ground of bona fide dispute than for resisting application for summary judgment P, an insurance...
April 2016
Winding-up – proof of debt – debt based on early termination of swap transactions executed under agreement – whether debt liquidated – debt ascertained in accordance with contractual formula – debt...
March 2016
To get an overview of the major insolvency and restructuring-related legal developments in 2015 and a prediction of how the landscape may shift in 2016, Hong Kong Lawyer reached out to Ian Mann, head...
March 2016