“Winding Up by the Court” in Company Law in Hong Kong: Insolvency 2023
In the recently published Company Law in Hong Kong: Insolvency 2023, Thomas Yeon served as the author of Chapter 4, “Winding up by the Court”. This chapter provides an overview of the rules and principles concerning the winding up of local and overseas companies, including compulsory winding up, powers exercisable by the Companies Court, and ancillary matters (e.g. Official Receivers, liquidators, creditor, contributories etc.).
Company Law in Hong Kong: Insolvency 2023 covers major aspects of insolvency law in Hong Kong, including matters involving cross-border and multi-jurisdictional claims. The winding up chapter covers multiple key developments, including Shandong Chenming Paper Holdings Ltd v Arjowiggins HKK2 Ltd (2022) 25 HKCFAR 98 (where the Court of Final Appeal discussed the nature of the three “core” requirements for a court’s exercise of discretion to wind up a foreign company) and Re Global Brands Group Ltd (in liquidation) [2022] 3 HKLRD 316 (where the Companies Court confirmed the use of a company’s centre of main interest as the primary criterion for determining the home or principal insolvency jurisdiction).