Hong Kong Case Law: Decisions & Judgments

Topic

Letters of request

Legal area

Court

11 Dec 2025

RE DOINGCOM INTERNATIONAL LTD (in liquidation)

Citation

[2025] HKCFI 6221
Court

Court of First Instance
Case number

HCMP2076/2025

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.
16 Oct 2025

TENWOW INTERNATIONAL HOLDINGS LIMITED (IN LIQUIDATION) AND ANOTHER v. 普华永道中天会计师事务所(特殊普通合伙) PRICEWATERHOUSECOOPERS ZHONG TIAN LLP

Citation

[2025] HKCFA 17
Court

Court of Final Appeal
Case number

FACV2/2025

The Court held that (1) the Hong Kong court has inherent jurisdiction to issue an outgoing letter of request to a Mainland court to secure production by a party of documents in that party’s possession which cannot be produced without Mainland approval, and (2) in the circumstances of this case a request to a Mainland court to facilitate regulatory approval for production of the audit working papers fell within the scope of Article 6 of the Mutual Arrangement; accordingly the appeal was dismissed.
31 Dec 2024

RE THE JOINT OFFICIAL LIQUIDATORS OF GTI HOLDINGS LTD (IN LIQUIDATION)

Citation

[2024] HKCA 1198
Court

Court of Appeal
Case number

CAMP493/2022

The Court refused leave to appeal because there was no reasonable prospect of success: the judge's costs order was within discretion and properly grounded on the applicants' own confirmations and conduct (including forum shopping and inadequate/full and frank disclosure in ex parte and foreign proceedings), and Hong Kong courts may, consistent with the CWUO, refuse to allow recovery of liquidators' costs from Hong Kong assets where justified by conduct.
23 Dec 2024

TENWOW INTERNATIONAL HOLDINGS LTD (IN LIQUIDATION) AND ANOTHER v. PRICEWATERHOUSECOOPERS (A FIRM) AND ANOTHER

Citation

[2024] HKCA 1193
Court

Court of Appeal
Case number

CACV522/2024

The Court of Appeal held that it is not inappropriate in principle to issue a letter of request to a Mainland court to facilitate a party’s compliance with discovery where Mainland law creates a real risk of penalty for unapproved transfer; the assistance sought falls within the scope of Article 6 of the Mutual Arrangement as provision of documentary evidence and the court should exercise its discretion to issue the letter of request because the risk of contravening Mainland law, comity and practical necessity outweighed concerns of delay or futility on the facts; accordingly the judge’s orde…
18 Nov 2024

ROBERT SCOTT WOODS, THE TRUSTEE-IN-BANKRUPTCY OF PHILLIP JAMES KINGSTON v. INDUSTRIAL AND COMMERCIAL BANK OF CHINA (ASIA) LTD

Citation

[2024] HKCFI 3311
Court

Court of First Instance
Case number

HCMP1789/2024

The Federal Court sequestration and trustee appointment were recognised because the Australian proceedings were collective, the bankrupt had submitted to the Australian court (at least by waiver) and was domiciled in Australia at the relevant time; recognition and the ancillary disclosure order were necessary to enable the trustee to carry out statutory functions and were consistent with Hong Kong law and public policy, so the High Court granted recognition and ordered ICBC to produce specified documents within 42 days and conferred specified investigative and litigation powers on the trustee.
30 Sept 2024

TENWOW INTERNATIONAL HOLDINGS LTD (IN LIQUIDATION) AND ANOTHER v. PRICEWATERHOUSECOOPERS (A FIRM) AND ANOTHER

Citation

[2024] HKCFI 2692
Court

Court of First Instance
Case number

HCCL5/2023

Leave to appeal is refused because the proposed grounds lack merit and are improperly pleaded (argumentative repetition), the court correctly exercised its discretion in refusing the LOR absent evidence that the Mutual Arrangement applied or that the D2 documents were blanket-prohibited Regulated Information, and D2 failed to satisfy the Ladd v Marshall test for fresh evidence.
15 Jul 2024

RE PPLIVE SPORTS INTERNATIONAL LTD (in liq)

Citation

[2024] HKCFI 1850
Court

Court of First Instance
Case number

HCMP612/2024

The court granted the letter of request because the liquidators met the Cooperation Mechanism criteria: they are Hong Kong liquidators seeking assistance from a Mainland pilot court; the Company’s COMI is Hong Kong for more than six months; the Company holds principal assets and potential claims in Shanghai; and recognition and assistance are necessary to obtain information, secure assets and pursue recoveries in the Mainland where banks and parties will not cooperate without a Mainland court order.
26 Mar 2024

CHINA METAL RECYCLING (HOLDINGS) LTD (IN LIQUIDATION) v. DELOITTE TOUCHE TOHMATSU (A FIRM)

Citation

[2024] HKCFI 877
Court

Court of First Instance
Case number

HCA1517/2016

Granting the letter of request and leave to file further evidence was justified: the documents were precisely identified and likely in the possession of Deloitte China in Shanghai; PRC regulations prevent free outbound transmission so the Arrangement is the appropriate route; the defendant made reasonable attempts to limit and obtain documents by other means; the application was bona fide and timely; accordingly the court should exercise its discretion in the defendant's favour and order the request via the Arrangement.
13 Jun 2023

RE TRINITY INTERNATIONAL BRANDS LTD

Citation

[2023] HKCFI 1581
Court

Court of First Instance
Case number

HCMP480/2023

The court concluded the Cooperation Mechanism criteria were satisfied (Hong Kong liquidator, Shanghai as pilot area, Hong Kong COMI, principal asset located in Shanghai) and that recognition and assistance were necessary to enable the liquidators to prevent alleged asset‑stripping and to take control of Trinity Shanghai; accordingly the High Court should issue the Letter of Request in the terms approved (Appendix A), signed by the Registrar, to be returned to the liquidators for submission to the Shanghai Court; costs were to be reduced to 50% of the claimed legal fees with full disbursements…
25 Nov 2022

RE JOINT AND SEVERAL PROVISIONAL LIQUIDATORS OF RZ3262019 LTD (IN PROVISIONAL LIQUIDATION IN THE BRITISH VIRGIN ISLANDS)

Citation

[2022] HKCFI 3602
Court

Court of First Instance
Case number

HCMP1775/2022

The Hong Kong court will grant a limited degree of recognition and assistance to provisional liquidators appointed in the BVI even where the company's COMI is not in the BVI, on the basis of private international law; accordingly the court recognised the BVI-appointed joint provisional liquidators as authorised agents of the company in Hong Kong with the specific powers set out in the order and directed that the costs of the application be paid as an expense of the provisional liquidation.