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    Important Changes under the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 - Part 1 : Increased Creditor Protection
    2016-08-17

    The Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 (Amendment Ordinance), gazetted on 3 June 2016, will come into effect on a date to be appointed by the Secretary for Financial Services and the Treasury. It amends the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap 32. This article is the first in a series, highlighting the major changes to be introduced.

    Aims of Amendment Ordinance

    The Amendment Ordinance aims to:

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Deacons, Debt, Liability (financial accounting), Liquidation
    Authors:
    Richard Hudson
    Location:
    Hong Kong
    Firm:
    Deacons
    P&I Priority Over a Ship Mortgage: Meet the New Crew Claimants
    2016-09-07

    Cases of vessel and crew abandonment are increasingly in the headlines, as freight rates sink to levels that can fail to cover shipowners' operating expenses.

    Filed under:
    Hong Kong, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Shipping & Transport, Mayer Brown
    Authors:
    Bill Amos
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    Standard Form Order for Production of Documents to Foreign Liquidator
    2016-09-19

    The Honourable Mr Justice Harris, the incumbent Companies Judge, has continued the recent development of cross-border assistance in insolvency matters. An example is his Lordship's decision in Re Centaur Litigation SPC (In Liquidation)(HCMP 3389/2015, 10 March 2016), which relates to an application by the liquidators of three companies incorporated and being wound up in the Cayman Islands.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown, Liquidation
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM
    Strike Out: You Snooze - You Lose!
    2016-09-20

    Bank of China (Hong Kong) Limited (the successors of all undertakings of the Yien Yieh Commercial Bank Limited by virtue of the Bank of China (Hong Kong) Limited (Merger) Ordinance (Cap. 1167) v Ho Chi Lui & Anor - HCA 10239/1999 (31 August 2016)

    Introduction

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Howse Williams 何韋律師行, Bank of China
    Authors:
    Kevin Bowers
    Location:
    Hong Kong
    Firm:
    Howse Williams 何韋律師行
    Hong Kong Court Paves a Clear Path for the Recognition and Assistance of Foreign Liquidators
    2016-09-29

    Dispute Resolution Beijing/Hong Kong/Shanghai Client Alert Hong Kong Court Paves a Clear Path for the Recognition and Assistance of Foreign Liquidators Recent developments The recent decision of the Hong Kong court in Re Rennie Produce (Aust) Pty Ltd (In Liquidation in Australia) (HCMP 1640/2016, 26 August 2016), together with the prior decision in Re Joint Official Liquidators of Centaur Litigation SPC (In Liquidation) (HCMP 3389/2015, 3391/2015 and 3393/2015, 10 March 2016) have confirmed the court’s willingness to accede to letters of request issued by foreign courts for the recognition

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    Asia Pacific Restructuring & Insolvency Guide: Hong Kong
    2016-09-29

    Introduction

    On 1 July 1997, Hong Kong became a Special Administrative Region of the People’s Republic of China (the “PRC”), ending more than 150 years of British colonial rule. In general, the laws of Hong Kong as at 30 June 1997 were adopted as the laws of the Hong Kong Special Administrative Region (the “HKSAR”) with effect from 1 July 1997, except for those laws which were in contravention of the constitution of the HKSAR (the “Basic Law”).

    Filed under:
    Hong Kong, Insolvency & Restructuring, White & Case
    Location:
    Hong Kong
    Firm:
    White & Case
    The Bermuda restructuring JPL: super flexible and key to monitor company driven restructurings
    2016-09-30

    JPLs play an unheralded but crucial mediating role in Bermuda

    Filed under:
    Hong Kong, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Harneys
    Authors:
    Ian Mann , Jayson Wood
    Location:
    Hong Kong, United Kingdom
    Firm:
    Harneys
    Hanjin Shipping - Current jurisdictional status and options - Hong Kong
    2016-10-04

    Hong Kong has not adopted into domestic legislation the UNCITRAL Model Law on Cross Border Insolvency.

    Unlike jurisdictions which have adopted the Model Law, e.g. the United Kingdom, an application to the Hong Kong Courts for recognition of foreign insolvency proceedings requires a balancing exercise of competing aims: assisting the foreign court conducting the main insolvency proceedings in achieving a universal distribution of assets, and ensuring that creditors seeking the Hong Kong Courts' assistance are treated fairly and equitably in enforcing their rights.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Clyde & Co LLP, UNCITRAL
    Authors:
    Anthony Woo
    Location:
    Hong Kong
    Firm:
    Clyde & Co LLP
    Accountant-trustees 'released' from final appeal
    2016-10-25

    Introduction

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, RPC, Bankruptcy, Deloitte, Court of Final Appeal (Hong Kong)
    Authors:
    Amy Chung
    Location:
    Hong Kong
    Firm:
    RPC
    Court orders disclosure of funding arrangements
    2016-07-26
    • Introduction
    • Background
    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, RPC, Discovery, Ex parte, Liquidation, Writ, Liquidator (law), Deloitte, Singapore High Court
    Authors:
    Amy Chung , David Smyth
    Location:
    Hong Kong
    Firm:
    RPC

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