Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Yung Kee - the final word
    2015-11-27

    Summary

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown, Court of Final Appeal (Hong Kong)
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    Transactions at undervalue and unfair preferences - how will the Court interpret s49 and s50 of the Bankruptcy Ordinance?
    2015-12-07

    In Wong Tak Man, Stephen & Another v Cheung Siu Fai & Ors [2015] HMP 1431/2012, the Court held that transfers of funds made by a bankrupt were not transactions at undervalue or unfair preferences pursuant to s49 and s50 of the Bankruptcy Ordinance (the "BO"). This case serves as a useful reminder on how the Court will interpret s49 and s50 BO, as deemed to be applied in a corporate context by s.266B(1)(a) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32).

    Facts 

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Bankruptcy
    Authors:
    Gareth Thomas , Damien Whitehead
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Hong Kong’s top court finds delay in commencement of bankruptcy period unconstitutional
    2015-12-16

    In the recent case of Official Receiver v Zhi Charles (FACV 8/2015) (5 November 2015), the Court of Final Appeal (the "CFA") found s 30A(10)(a) of the Bankruptcy Ordinance (Cap 6) (the "BO") unconstitutional.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Herbert Smith Freehills LLP, Bankruptcy
    Authors:
    Damien Whitehead
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    The CFA rules section 30A(10)(a) of the Bankruptcy Ordinance unconstitutional
    2015-12-28

    Official Receiver v Zhi Charles, formerly known as Chang Hyun Chi, and Joint and Several Trustees of the Estate of Chan Hyun Chi, the Bankrupt (FACV 8/2015)

    Filed under:
    Hong Kong, Capital Markets, Insolvency & Restructuring, Litigation, Kennedys Law LLP, Bankruptcy, Constitutionality
    Authors:
    Rudy Chung , Mark West , Kevin Yam , Jasmine Tse
    Location:
    Hong Kong
    Firm:
    Kennedys Law LLP
    Hong Kong Court of Final Appeal clarifies the law in respect of shareholders’ petitions to wind up foreign companies on just and equitable grounds
    2015-11-12

    In its landmark decision of Kam Leung Sui Kwan v Kam Kwan Lai & Ors FACV 4/2015, issued yesterday, the Court of Final Appeal has brought some closure to the long running Yung Kee restaurant matter by making a winding up order against Yung Kee Holdings Limited (YKHL) with a 28-day stay to allow the parties to consider possible buy-out opportunities.  This reverses the previous decisions in the Court of First Instance and the

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Shareholder, Liquidation, Court of Final Appeal (Hong Kong)
    Authors:
    Richard Norridge , Gareth Thomas , Julian Copeman , Justin D'Agostino , William Hallatt , Dominic Geiser , Damien Whitehead
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    It's not really about the goose - it's about the jurisdiction of the Hong Kong courts to wind up an overseas holding company
    2015-11-13

    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.

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Hogan Lovells, Liquidation, Holding company, Court of Final Appeal (Hong Kong)
    Authors:
    Chris Dobby , Allan Leung , Mark Lin , Patrick Sherrington , Damon So
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    Creditors petitioning for bankruptcy beware: absconding bankrupts may walk free after staying away from Hong Kong for 4 years
    2015-11-17

    Dispute Resolution Beijing/Hong Kong/Shanghai Client Alert Creditors Petitioning for Bankruptcy Beware: Absconding Bankrupts May Walk Free After Staying Away from Hong Kong for 4 Years Recent developments The Hong Kong Court of Final Appeal (“CFA”)1 has ruled unconstitutional a provision under the Bankruptcy Ordinance (“Ordinance”) that prevents the period of bankruptcy from commencing when a bankrupt is not in Hong Kong.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Constitutionality
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    Court of Final Appeal widens shareholders’ rights for the winding-up of foreign companies in Hong Kong
    2015-11-17

    Dispute Resolution Beijing/Hong Kong/Shanghai Client Alert Court of Final Appeal Widens Shareholders’ Rights for the Winding-up of Foreign Companies in Hong Kong The Court of Final Appeal’s recent decision in the Yung Kee saga (Kam Leung Sui Kwan, Personal Representative of the Estate of Kam Kwan Sing, the deceased v Kam Kwan Lai & Ors (FACV 4/2015, 11 November 2015)) has widened the door to winding-up relief for shareholders of foreign companies.

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Baker McKenzie, Shareholder, Holding company, Court of Final Appeal (Hong Kong)
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    Commercial funders surveying the scene in Hong Kong
    2015-11-18

    Introduction

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, RPC
    Authors:
    Warren Ganesh , Robert Rhoda
    Location:
    Hong Kong
    Firm:
    RPC
    Recovery and resolution planning: Hong Kong update and briefing note
    2015-11-20

    Freshfields Bruckhaus Deringer Recovery and resolution planning October 2015 1 The Financial Services and the Treasury Bureau of the Hong Kong Government (FSTB) in conjunction with the Hong Kong Monetary Authority (HKMA), the Securities and Futures Commission (SFC), and the Insurance Authority (IA)1 on 9 October 2015 published a paper entitled An Effective Resolution Regime for Financial Institutions in Hong Kong: Consultation Response and Certain Further Issues (CP3).2 Background Following from the recent global financial crisis, the G20 tasked the Financial Stability Board (FSB) with

    Filed under:
    Hong Kong, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Freshfields Bruckhaus Deringer, Securities and Futures Commission (Hong Kong), Hong Kong Monetary Authority
    Location:
    Hong Kong
    Firm:
    Freshfields Bruckhaus Deringer

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 68
    • Page 69
    • Page 70
    • Page 71
    • Current page 72
    • Page 73
    • Page 74
    • Page 75
    • Page 76
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days