Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Jurisdiction to sanction foreign schemes
  • 10 Dec 2014

    RE LDK SOLAR CO., LTD (in provisional liquidation)

    Citation
    RE LDK SOLAR CO., LTD (in provisional liquidation)
    Court
    Court of First Instance
    Case number
    HCMP2215/2014

    The Hong Kong court has power to sanction schemes under s.673 in relation to foreign companies where there is a sufficient connection between the scheme and Hong Kong; the statutory jurisdiction to wind up unregistered companies under s.327 is wide and the three core requirements operate as factors in the exercise of discretion rather than absolutes limiting jurisdiction; on the facts the governing law of relevant debts, presence of creditors domiciled in Hong Kong, registration and bank links, Hong Kong-resident director, and the inter-conditional multi-jurisdictional restructuring together…