You big old softie you: Hong Kong Court grants power to foreign soft-touch provisional liquidators to facilitate restructuring

In Joint Provisional Liquidators of Moody Technology Holdings Ltd [2020] HKCFI 416, the Hong Kong Court of First Instance (the “Hong Kong Court”) granted a recognition order to foreign provisional liquidators who were appointed on a soft-touch basis, to explore and facilitate the restructuring of a company. The order was made despite soft-touch provisional liquidation … Read more

The role of insurance in managing the economic effects of COVID-19

COVID-19 has been affecting life and businesses around the globe. The developments over the last few days have been moving fast: the World Health Organisation declared the disease as pandemic, the US has restricted travel from certain countries and many countries are on either lockdown or self-isolation rules. A key and primary focus of businesses … Read more

Singapore and Fiji ratify the Singapore Convention on Mediated Settlement Agreements taking a significant step towards its entry into force

Yesterday, on 25 February 2020, Singapore and Fiji became the first two countries to deposit at the United Nations Headquarters their instruments of ratification of the Singapore Convention, more formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation. Singapore and Fiji have taken an important step towards bringing the Singapore … Read more

One step closer – English Court of Appeal aligns itself with other common law jurisdictions to find legal advice privilege subject to a “dominant purpose” test

Clients and legal practitioners often come across a fairly common question during the course of discovery/disclosure in litigation or arbitration: is the document privileged? Legal professional privilege is a fundamental and constitutionally guaranteed right in Hong Kong and, generally speaking, can be split into two branches: litigation privilege and legal advice privilege.  Legal advice privilege … Read more

Stop, collaborate and listen: first recognition and assistance granted to Mainland liquidators in Hong Kong

In a long-awaited development of cross-border insolvency cooperation between Hong Kong and Mainland China, the Hong Kong Court has granted recognition and assistance to Mainland liquidators for the first time in Joint and Several Liquidators of CEFC Shanghai International Group Ltd [2020] HKCFI 167. Background CEFC Shanghai International Group Ltd (“CEFC“), a company incorporated in … Read more

PAPERLESS HONG KONG – BILL FACILITATING ELECTRONIC COURT FILING GAZETTED

  As part of the Legislative Council’s Information Technology Strategy Plan, The Court Proceedings (Electronic Technology) Bill (Bill), which was gazetted on 27 December 2019 and passed through the First Reading stage on 8 January 2020, takes the Hong Kong courts a step closer to being paperless. The Bill facilitates the filing and sending of … Read more