Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Recognition of foreign insolvency office holders

Legal area

Court

20 Jul 2021

RE LAI KAR YAN (DEREK) AND HO KWOK LEUNG GLEN AS THE JOINT AND SEVERAL LIQUIDATORS OF SAMSON PAPER CO LTD (IN CREDITORS’ VOLUNTARY LIQUIDATION) (“COMPANY”)

Citation

[2021] HKCFI 2151
Court

Court of First Instance
Case number

HCMP963/2021

The Court will issue a letter of request in simplified Chinese directed to the Shenzhen Intermediate People’s Court because the Company’s COMI is in Hong Kong, the Article 6 SPC Opinion procedural requirements are satisfied, recognition and assistance are necessary and appropriate to enable the liquidators to collect Mainland assets, and the Court has inherent jurisdiction to grant such a request subject to Mainland law limitations.
14 Jan 2019

RE CHINA FISHERY GROUP LTD

Citation

[2019] HKCFI 174
Court

Court of First Instance
Case number

HCMP134/2018

The trustee could not justify access because he lacked the requisite territorial or jurisdictional connection for recognition/assistance (the appointed Chapter 11 trustee related to entities with no relevant US connection) and because the Chapter 11 filings were instituted to frustrate undertakings given to this Court, making recognition or assistance contrary to public policy; on balance the open justice principle did not require disclosure, so the application was dismissed.