Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Extraterritorial effect of foreign insolvency law
  • 30 Oct 1996

    BANK OF CREDIT AND COMMERCE INTERNATIONAL (OVERSEAS) LTD. v. BANK OF CREDIT AND COMMERCE INTERNATIONAL (OVERSEAS) LTD. - MACAU BRANCH

    Citation
    BANK OF CREDIT AND COMMERCE INTERNATIONAL (OVERSEAS) LTD. v. BANK OF CREDIT AND COMMERCE INTERNATIONAL (OVERSEAS) LTD. - MACAU BRANCH
    Court
    Court of First Instance
    Case number
    HCA6578/1993

    The court held that under Hong Kong law the deposits placed by the Macau Branch with the Bank of New York were deposits of the principal Bank; the deposit contracts expressly governed by Hong Kong law and created a repayment obligation to the principal Bank; Macanese liquidation law cannot alter obligations governed by Hong Kong law or confer on the Branch a right to those funds. Judgment entered for the plaintiff.

    • Branch liability and identity
    • Deposit obligations
    • Proper law of contract
    • Extraterritorial effect of foreign insolvency law
    • Payment obligations of depositary bank