Hong Kong Case Law: Decisions & Judgments

Topic

Modified universalism

Legal area

Court

27 Mar 2026

RE NEP HOLDINGS (MALAYSIA) BERHAD (IN LIQUIDATION IN MALAYSIA)

Citation

[2026] HKCFI 1863
Court

Court of First Instance
Case number

HCMP2541/2025

The Malaysian appointment of the Liquidators was recognised and targeted assistance was granted because the Re USUM recognition and assistance criteria were met and the Malaysian Companies Act 2016 statutorily conferred the specific powers sought; however a blanket stay of all proceedings was not authorised and any application for a stay must be brought before the Companies Judge.
3 Mar 2026

RE USUM INVESTMENT GROUP LTD

Citation

[2026] HKCFI 1320
Court

Court of First Instance
Case number

HCMP1719/2025

The court held that it has common law power to recognise the appointment of foreign administrators appointed by a foreign court supervising collective insolvency/restructuring proceedings where the proceedings are collective and the jurisdiction is the company’s place of incorporation/COMI; recognition may be confined to the Appointment Order and limited powers necessary for the administrators to perform their functions in Hong Kong; the Singularis limits apply so the court will not give assistance that conflicts with domestic substantive law or attempt to enforce foreign scheme terms that th…
4 Jul 2022

RE THE JOINT PROVISIONAL LIQUIDATORS OF SEAHAWK CHINA DYNAMIC FUND (in provisional liquidation in the Cayman Islands)

Citation

[2022] HKCFI 1994
Court

Court of First Instance
Case number

HCMP503/2022

Because the appointment concerned a solvent liquidation, the common law principles derived from modified universalism were not engaged; instead principles of private international law govern and permit recognition of the Cayman Court appointment so that the JPLs may act as the company's agents in Hong Kong. COMI considerations relevant to foreign insolvency recognition do not apply to recognition of powers of liquidators of a solvent company. Accordingly the Hong Kong court granted the declaratory and ancillary relief sought confirming the JPLs' Hong Kong powers as set out in the Cayman appoi…
23 Jun 2022

PROVISIONAL LIQUIDATOR OF GLOBAL BRANDS GROUP HOLDING LTD (IN LIQUIDATION) v. COMPUTERSHARE HONG KONG TRUSTEES LTD AND ANOTHER

Citation

[2022] HKCFI 1789
Court

Court of First Instance
Case number

HCMP644/2022

The court recognised the Bermuda provisional liquidator and granted limited assistance—powers to secure documents and to receive and transfer the Hong Kong bank balances—because the liquidator’s authority as the company’s lawful agent under private international law and the principles of modified universalism entitled him to managerial assistance to collect local assets; full statutory powers under the Ordinance cannot be conferred by the common law, and future common law recognition and assistance should be primarily guided by the company’s COMI subject to narrow exceptions.
6 May 2022

RE UP ENERGY DEVELOPMENT GROUP LTD

Citation

[2022] HKCFI 1329
Court

Court of First Instance
Case number

HCCW91/2016

The court held that the petitioner satisfied the second core requirement (a reasonable possibility of benefit from a Hong Kong winding up) given assets and recoverable matters in Hong Kong; the mere fact the company was wound up in Bermuda does not preclude a Hong Kong winding up; and the Hong Kong court does not have a common law power to make provisions of the CWUO available to foreign (Bermuda) liquidators absent a Hong Kong winding up order; accordingly the court granted a winding up order in Hong Kong to enable the statutory regime to operate for creditors' benefit.
17 Dec 2021

HONGKONG JHC CO., LIMITED (IN LIQUIDATION) v. PEKING UNIVERSITY FOUNDER GROUP CO LTD

Citation

[2021] HKCFI 3817
Court

Court of First Instance
Case number

HCA1418/2021

The court dismissed the Administrator’s/applicants’ applications for a stay because filing proofs in the Mainland insolvency did not by itself displace the parties’ clear contractual choice of Hong Kong as exclusive forum for disputes governed by English law; Article 21 EBL and the Mainland reorganisation did not demonstrate the necessary strong reasons to override the jurisdiction clause; recognition and assistance to the Beijing reorganisation were granted but with tailored directions and limits (including preservation of the plaintiffs’ rights to proceed in Hong Kong).
17 Dec 2021

FOUNDER INFORMATION (HONG KONG) LTD (IN LIQUIDATION) v. PEKING UNIVERSITY FOUNDER GROUP CO LTD

Citation

[2021] HKCFI 3817
Court

Court of First Instance
Case number

HCA798/2021

The court held that the Administrator/applicant had not demonstrated sufficiently strong reasons to displace the parties' contractual choice of Hong Kong as forum; the lodging of proofs in the Beijing reorganisation did not alone justify a stay of the Hong Kong actions; accordingly the court dismissed the Administrator's applications to stay, recognised the Beijing reorganisation and granted assistance subject to specified modifications and cooperation directions between the courts and parties.
17 Dec 2021

KUNZHI LIMITED (IN LIQUIDATION IN THE BRITISH VIRGIN ISLANDS) v. PEKING UNIVERSITY FOUNDER GROUP CO LTD

Citation

[2021] HKCFI 3817
Court

Court of First Instance
Case number

HCA1442/2021

The Court refused the Administrator’s application for a stay of the Hong Kong actions because the Administrator and Company failed to demonstrate sufficiently strong reasons to displace the parties’ contractual choice of Hong Kong jurisdiction; however the Court granted recognition and assistance to the Mainland reorganisation, imposed specified directions for cooperation and limited the stay so that it does not bar the four HCA actions from proceeding in Hong Kong, and ordered costs in favour of the Plaintiffs.
11 Mar 2021

LI YIQING v. LAMTEX HOLDINGS LTD

Citation

[2021] HKCFI 622
Court

Court of First Instance
Case number

HCCW263/2020

The court granted the winding up order in Hong Kong because the Company’s COMI was in Hong Kong, creditors (including the petitioner) supported immediate winding up, the JPLs’ restructuring proposals were insubstantial and not a persuasive discretionary ground to adjourn, and there was no basis to displace Hong Kong proceedings in favour of Bermuda soft-touch provisional liquidation.
19 Nov 2020

RE THE JOINT AND SEVERAL PROVISIONAL LIQUIDATORS OF FDG ELECTRIC VEHICLES LIMITED (PROVISIONAL LIQUIDATORS APPOINTED)

Citation

[2020] HKCFI 2931
Court

Court of First Instance
Case number

HCMP1308/2020

The court will recognise foreign provisional liquidators and may grant assistance confined to assets and subsidiaries within Hong Kong; powers to take control of subsidiaries must be limited to those incorporated in Hong Kong or held through Hong Kong incorporated intermediate subsidiaries because control of foreign‑incorporated subsidiaries is governed by the law of their place of incorporation; the court will not impose a general stay in a recognition order and any stay or directions affecting Hong Kong proceedings must be sought by separate application and listed before the judge for case…