Insolvency & Restructuring

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
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
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
James Noble, Marc Kish and Chai Ridgers of Harneys’ Litigation and Insolvency practice* In the recent decision of Re China Shanshui Cement Group Limited (unreported, 23 November 2015) the Grand...
February 2016
On 11 November 2015, the Court of Final Appeal handed down its judgment on the petitioner’s appeal in the Yung Kee Holdings Limited (“YKHL”) family company dispute. The Court of Final Appeal affirmed...
January 2016
David Smyth and Rebecca Wong, Smyth & Co in association with RPC “The patchwork of exceptions and qualifications” to the common law crimes and torts of maintenance and champerty in Hong...
December 2015
Hong Kong does not have an equivalent regime to the United States “debtor in possession” Chapter11 Bankruptcy Code or United Kingdom administration to facilitate the rescue of an insolvent company....
November 2015
Order for production of documents – principles applicable to s. 29 application – respondent deemed capable of producing document which it had enforceable right to obtain – Bankruptcy Ordinance (Cap.6...
June 2015
Richard Tollan, Partner, Justine Lau, Senior Associate, Mayer Brown JSM The entitlement of an Official Receiver to retain ad valorem fees on the conversion of a compulsory liquidation to creditors...
April 2015
Antony Sassi, Partner, Smyth & Co in association with RPC Liquidators’ attempts to obtain wide-ranging production of documents from former officers of a company are common in Hong Kong and...
April 2015
Ludwig Ng, Senior Partner, ONC Lawyers Introduction Hong Kong courts will recognise and assist foreign liquidators in obtaining information and documents in Hong Kong. However, the Privy Council...
March 2015