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Restructuring & Special Situations 2022 Year in Review Key insolvency decisions in Hong Kong and the People’s Republic of China

2022 has been a year which has seen significant developments in court-led corporate rescue and insolvency law reform in Hong Kong. In light of the lingering COVID19 pandemic, it was all the more important that the Hong Kong...more

Hong Kong Court of Appeal gives boost to bondholders in significant "keepwell" victory

The Hong Kong Court of Appeal has dismissed a challenge to a first instance decision which recognized the Beijing administrators of the commercial arm of the Peking University group but granted only a limited stay of...more

Vesting orders: back in vogue? Let’s hope so

Cyber fraud scams, typically involving fraudsters using spoofing / phishing tactics to bring about unlawful receipt of monies, have, unfortunately, been a mainstay in Hong Kong in recent years. As the fraudsters’ nefarious...more

"Too good to be true" – Hong Kong court finds bank not liable for fraudulent investment introduced by employee

The court in Luk Wing Yan v. CMB Wing Lung Bank Ltd. [2021] HKCFI 279 found the defendant not liable for the actions of one of its employees who fraudulently offered investments which caused loss to the plaintiff. ...more

Partially relieved – Hong Kong court judgment highlights difficulties facing cyber fraud victims in seeking recovery

The Hong Kong Court of First Instance in Edison Norge As v. BZZ Ltd [2021] HKCFI 135 has granted default judgment against email fraudsters whilst granting the declaratory relief applied for only in part. This decision...more

Gunning for success – Hong Kong Court of Final Appeal rules on fees in financial introductions

It is not uncommon for companies exploring expansion or other ways of raising capital to engage financial advisers to provide a range of consultancy services, including the introduction of potential investors or deals of...more

Back on track – Court of Appeal allows privatization rejected by lower court

The Hong Kong Court of Appeal has allowed the proposed privatization of a Hong Kong listed company through a scheme of arrangement, overturning the decision of the Court of First Instance (CFI). ...more

Hong Kong courts in lockdown – how technology is helping with dispute resolution in the time of COVID-19

With remote working now the norm across all areas of business, courts and tribunals courts and tribunals have been developing innovative ways to keep the litigation process on track and do their best to ensure that justice is...more

Back to basics - Hong Kong Court of Appeal queries approach to winding-up petitions where arbitration is involved

The Hong Kong Court of Appeal has suggested that a previous Court decision may have overstepped the mark by suggesting that an arbitration clause in a client agreement should generally take precedence over a creditor's right...more

Hong Kong and the cauldron of compliance

It has been quite a time in Hong Kong. And the protests continue. But, is the recent political turmoil a symptom of bringing Hong Kong up to international anti-money laundering (AML) standards? ...more

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