Residential College | false |
Status | 已發表Published |
Recent development in recognition of and assistance to foreign insolvency representatives under the Hong Kong common law | |
Li,Xiaolin; Tu,Guangjian | |
2018-03-01 | |
Source Publication | International Insolvency Review |
ISSN | 10991107 11800518 |
Volume | 27Issue:1Pages:32-57 |
Abstract | Although Hong Kong has neither enacted nor launched any plan to enact a statute addressing cooperation and assistance on cross-border insolvency matters, recently, a unique Hong Kong approach dealing with recognition and assistance in cross-border insolvency is gradually forming under common law. Thanks to the efforts made by the Companies Court of the Hong Kong High Court, insolvency representatives appointed in the place of incorporation of the debtors may, firstly, be accorded a certain degree of automatic recognition and cooperation based on traditional private international law rules without going through a recognition procedure and, secondly, be recognized and granted active assistance under principle of universalism at common law. With regard to the limits of this common law power, the court has referred to but not strictly followed the British Privy Council’s decision in Singularis Holdings Limited v. PricewaterhouseCoopers (Singularis) and instead followed the previous approach in Cambridge Gas Transport Corp v. Official Committee of Unsecured Creditors (of Navigator Holdings PLC and others) (Cambridge Gas). The Companies Court also attempted to simplify and facilitate the application and grant of this common law recognition and assistance through a series of innovations. |
DOI | 10.1002/iir.1295 |
URL | View the original |
Language | 英語English |
WOS ID | WOS:000430390700003 |
Scopus ID | 2-s2.0-85045914623 |
Fulltext Access | |
Citation statistics | |
Document Type | Journal article |
Collection | University of Macau |
Corresponding Author | Li,Xiaolin |
Affiliation | University of Macau Law School,,Macao |
First Author Affilication | University of Macau |
Corresponding Author Affilication | University of Macau |
Recommended Citation GB/T 7714 | Li,Xiaolin,Tu,Guangjian. Recent development in recognition of and assistance to foreign insolvency representatives under the Hong Kong common law[J]. International Insolvency Review, 2018, 27(1), 32-57. |
APA | Li,Xiaolin., & Tu,Guangjian (2018). Recent development in recognition of and assistance to foreign insolvency representatives under the Hong Kong common law. International Insolvency Review, 27(1), 32-57. |
MLA | Li,Xiaolin,et al."Recent development in recognition of and assistance to foreign insolvency representatives under the Hong Kong common law".International Insolvency Review 27.1(2018):32-57. |
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