Insolvency & Restructuring

The starting point for this practice may have been commendable, but the reality is that the interests of creditors of a distressed company may not be best served when the company continues to incur…
September 2021
“…it is fallacious and unrealistic for the Company to assume that the value of the Haitian Shares remained the same from February to August 2019. Between February and August 2019, Haitian Energy had…
August 2021
  When a Mainland Chinese business fails, what happens to its assets outside of Mainland China? Are they dealt with piecemeal in satellite insolvency proceedings or can they be brought under the…
May 2020
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 August 2018, Li Fu…
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 judgments consider (…
March 2019
In Poben Consultants Ltd v Clearwater Bay Golf & Country Club [2019] HKCA 107, the Court of Appeal considered the test for determining whether a communication is made "without prejudice". Given…
March 2019
The Committee on Foreign Investment in the United States (CFIUS) has for many years examined some acquisitions of U.S. industries for their impact on national security. Following a recommendation…
March 2019
From 9 July 2018, derivative actions commenced in Bermuda may not be continued without leave of the Supreme Court. The requirement comes by way of amendments to the Rules of the Supreme Court 1985.…
March 2019
The last twelve months have seen significant developments with regard to the local legislative regime to combat money laundering. These developments took place against the background of the Financial…
March 2019
Instant messaging is increasingly penetrating the workplace, and law firms are no exception. A recent study estimates that nearly 70 percent of employees use smartphones for business, and that, of…
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 to an amendment that…
June 2018
The EU General Data Protection Regulation (GDPR), adopted in 2016, came into force on 25 May 2018. The GDPR involves new provisions and enhanced rights. In the wake of technological developments and…
June 2018
In Re A [2018] HKCA 272, the Court of Appeal has handed down a commendably fair judgment and, in doing so, has allowed an applicant's appeal against a first instance decision refusing his application…
June 2018
On 19 March 2018, the PBOC issued Announcement No. 7 (2018), with immediate effect. The announcement extends national treatment to foreign-invested third-party electronic payment institutions, that…
June 2018
Earlier this year, Women in Law Hong Kong (WILHK) and Thomson Reuters co-hosted an event called "Let's Talk About: Harassment" where around 70 men and women attended a discussion on harassment with a…
June 2018
On 28 March 2018, the Leading Group on Internet Finance Risk Remediation issued the Notice on Expanding the Rectification of Asset Management Business Carried out through the Internet and Launching…
June 2018
If it is true that lawyers and judges (at the end of their careers) are judged by their contribution to the law then the state of legal professional privilege in England might suggest that a few have…
June 2018
As the third largest economy in ASEAN in terms of GDP per capita in 2017, Malaysia has enjoyed close trade ties with Hong Kong over the years. Bilateral economic cooperation is set to strengthen with…
June 2018