Singapore is getting serious about becoming the region’s international insolvency hub. In this inaugural podcast from the International Insolvency Institute, Hon. Kevin Carey (Ret.) of Hogan Lovells discusses Hon. Christopher S. Sontchi‘s forthcoming move from Delaware bankruptcy judge to International Judge of the Singapore International Commercial Court (SICC).
Two recent decisions involving health care companies demonstrate how reorganization under Chapter 11 of the Bankruptcy Code1 can be used to manage large liabilities.
On Wednesday, the Court of Final Appeal ("CFA") reversed the lower courts' decision in the Yung Kee case1 , holding that the Hong Kong court has jurisdiction to order the winding up of Yung Kee Holdings Limited (the "Company"), a holding company incorporated in the British Virgin Islands and not registered in Hong Kong.
In 2014, the law of privilege was considered from various angles, with the year closing on a Court of Final Appeal decision emphasising the primacy of legal professional privilege ("LPP") as an absolute right guaranteed by the Basic Law of Hong Kong.
While the cases outlined below generally provide comfort that the law of privilege in Hong Kong holds strong, we offer a few practical points to help safeguard the privilege of legal advice:
The Court of Appeal has declined jurisdiction to wind up Yung Kee Holdings Limited (the "Company"), a company incorporated in the British Virgin Islands ("BVI"), upholding the decision of Harris J at first instance that the Company did not have "sufficient connection" with Hong Kong.