RE DOINGCOM INTERNATIONAL LTD (in liquidation)

RE DOINGCOM INTERNATIONAL LTD (in liquidation)

The court concluded that all Cooperation Mechanism criteria were satisfied (applicants are Hong Kong liquidators; Xiamen is a pilot area; Doingcom’s COMI is Hong Kong; substantial assets and records are in Xiamen; assistance is necessary) and therefore it was appropriate to issue a letter of request to the Xiamen Bankruptcy Court to recognise the liquidators and to seek assistance to exercise the stated statutory powers under Hong Kong law in the Mainland to enable performance of their duties.

Citation
[2025] HKCFI 6221
Parties
Company (in Liquidation): Doingcom International Limited (中坤國際有限公司); Joint and Several Liquidators (applicants): Joint and several liquidators of Doingcom International Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2025
Case Number
HCMP2076/2025
Procedural Posture
Miscellaneous Proceedings (originating Summons) for Letter of Request / Ex Parte Application; Order Made for Letter of Request to Xiamen Bankruptcy Court
Outcome
Letter of request to be issued to the Fujian Xiamen Intermediate People’s Court for recognition and assistance; costs to be paid out of Doingcom’s assets subject to taxation; liberty to apply
Legal Topics
Recognition and Assistance, Letters of Request, Centre of Main Interests (comi), Liquidator Powers, Cooperation Mechanism Between SPC and HKSAR
Source Language
EN
Insolvency Law Cross‑border Insolvency Company Law Civil Procedure International Judicial Assistance Recognition and Assistance Letters of Request Centre of Main Interests (comi) +2 more

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Parties

Doingcom International Limited (中坤國際有限公司)

Company (in Liquidation)

Joint and several liquidators of Doingcom International Limited

Joint and Several Liquidators (applicants)

Procedural Posture

Miscellaneous Proceedings (originating Summons) for Letter of Request / Ex Parte Application; Order Made for Letter of Request to Xiamen Bankruptcy Court

Legal Issues

  1. 1 Whether the Hong Kong court may issue a letter of request to a Mainland pilot court to recognise and assist Hong Kong liquidators
  2. 2 Whether the criteria under the SPC‑HKSAR Cooperation Mechanism are satisfied (applicant is a Hong Kong liquidator; pilot area court; COMI in Hong Kong; principal assets in pilot area; necessity of assistance)
  3. 3 Whether the specific statutory powers of Hong Kong liquidators should be recognised and assisted by the Mainland court

Ratio Decidendi

The court concluded that all Cooperation Mechanism criteria were satisfied (applicants are Hong Kong liquidators; Xiamen is a pilot area; Doingcom’s COMI is Hong Kong; substantial assets and records are in Xiamen; assistance is necessary) and therefore it was appropriate to issue a letter of request to the Xiamen Bankruptcy Court to recognise the liquidators and to seek assistance to exercise the stated statutory powers under Hong Kong law in the Mainland to enable performance of their duties.

Court Disposition

Letter of request to be issued to the Fujian Xiamen Intermediate People’s Court for recognition and assistance; costs to be paid out of Doingcom’s assets subject to taxation; liberty to apply

Orders

  • A letter of request in the form of Appendix A be issued to the Bankruptcy Court of the Fujian Xiamen Intermediate People’s Court seeking recognition and assistance in aid of Doingcom’s liquidation and its Liquidators.
  • The Liquidators’ costs of the application, subject to taxation (unless otherwise agreed by the committee of inspection), be paid out of the assets of Doingcom.