Category: Hong Kong

Bankruptcy – The Unconstitutionality of the Discharge Provisions

By Rosenna Mak The Hong Kong Court of Final Appeal (“CFA”) recently upheld the decision of the Court of Appeal and ruled that s.30A(10)(a) of the Bankruptcy Ordinance (“BO”) is unconstitutional. To recap; s.30A(10)(a) of the BO provides that the

Bankruptcy Discharge – Thorny Issues

By Stephen Briscoe Prior to 1998 it was relatively rare for a person who was made bankrupt in Hong Kong ever to get their discharge from bankruptcy. This was because they had to satisfy a number of strict criteria, which

Constitutionality of Bankruptcy Discharge Provisions Challenged (update)

By Rosenna Mak Just a brief update on our article entitled “Constitutionality of Bankruptcy Discharge Provisions Challenged” published last month reporting that section 30A(10)(a) of the Bankruptcy Ordinance had been ruled to be unconstitutional by the Court of Appeal.  Due

Constitutionality of Bankruptcy Discharge Provisions Challenged

S.30A(10)(a) of the Bankruptcy Ordinance is Challenged – Unconstitutional  By Stephen Briscoe  and Rosenna Mak A few months ago, we published an article entitled “Discharge from Bankruptcy or Trustee Forever” where we discussed the position of the release of a trustee

HK’s New Companies Ordinance a Mouthful

Hong Kong’s  new Companies Ordinance (Cap 622) comes into force 3 March 2014. The changes apply primarily to those sections of the Ordinance that deal with, for want of a better phrase, live companies. Those sections of the Ordinance that

INSOL Hong Kong 2014

Insolvency Practitioners from around Asia and beyond will gather at the Kowloon Shangri-La March 23 – 25 for  INSOL’s Pan Pacific Rim Annual Regional Conference. World experts in insolvency and restructuring  will present on current issues ranging from cross-border insolvency

Protection of Wages on Insolvency Fund (Update 2)

The long awaited changes to Hong Kong’s Protection of  Wages on Insolvency Fund (PWIF) have moved one step closer to becoming law. As we explained on 18 October 2011, (read here), the changes will now allow employees to claim from

Results of the Official Receiver’s Panel T Tender for Summary Liquidations

It’s that time of the year again when the Hong Kong Administration announces the outcome of its latest tender for private-sector firms to undertake summary liquidations. The results of the latest tender can be found here on the Official Receiver’s

Regulating Order Obtained in Yu Kee Food Company Limited (In Compulsory Liquidation)

Following the winding-up of the Company on 29 August 2011, Nichole Chan and Stephen Briscoe were appointed joint and several liquidators of the Company on 26 October 2011. This appointment was made by way of a Regulating Order pursuant to

Hong Kong Diploma in Insolvency

The results of the 2010/11 Diploma in Insolvency programme are now out and it is with great pleasure that we can announce that our own Nichole Chan and Rosenna Mak both passed the Diploma course, so congratulations to both of