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Course Details

Cross-border Insolvency
Look-Chan HO, Barrister-at-law, Des Voeux Chambers
Tiffany Chan, Barrister-at-law, Des Voeux Chambers
Date: 23 August 2019 (Friday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,650
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L19CC14
Venue: Learning Commons Ltd
Room 1602, 16/F,
1 Duddell Street,
Central, Hong Kong
[View Map]
Presenter's Biography:

Look specialises in corporate insolvency and restructuring, with a particular emphasis on cross-border matters. He is internationally well-known for his high level of legal expertise and frequently advises on transactions involving novel and complex legal issues.

Prior to joining the Bar, Look practised for more than 15 years as a solicitor in London and Hong Kong at Freshfields Bruckhaus Deringer and was the Asia head of restructuring and insolvency.

Look's experience includes advising on:

  • China City Construction's RMB 2.5 billion bond default
  • China Shanshui Cement's bond default
  • the implementation of the scheme of arrangement of ATV
  • the insolvent administration of the Icelandic banking group, Kaupthing
  • various Lehman Brothers litigations, including the waterfall applications determining the priority of rankings for surplus assets


Look has published extensively on insolvency matters and his publications are widely cited internationally, including with approval by the Hong Kong High Court, UK Supreme Court, English Court of Appeal, English High Court, US Bankruptcy Court, Singapore Court of Appeal, Singapore High Court, Australia Federal Court, New Zealand High Court, and Isle of Man High Court.

Look is the only barrister in Hong Kong listed in Who's Who Legal: Restructuring & Insolvency.

Tiffany is a Bar Scholar. She completed her BA in Jurisprudence (First Class Honours) and the BCL (Distinction) at the University of Oxford.

Tiffany is developing a broad civil practice and has been involved in a wide range of cases encompassing company and insolvency disputes, property and trusts matters, family law matters, public law cases and other civil and commercial disputes.

Notable insolvency cases in which Tiffany has appeared include:

  • Tam King Ching Kenny v Shanghai Industrial Investment (Group) Company Limited & Lau Wing Ching HCMP 2547/2016 (opposing an application under s. 285 and 255 CWUMPO to convene creditors' meeting for appointment of fresh liquidators as sole counsel)

  • Re Hsin Chong Construction Company Limited and Hsin Chong Construction (Asia) Limited HCCW239/2018 & HCCW 316/2018 (acting for provisional liquidators of a Hong Kong listed company seeking stay of Hong Kong winding up proceedings pending the exploration of foreign restructuring options of the Group of companies including the foreign parent company. With Ms. Rachel Lam).

Tiffany has also given CPD seminars on "Update on Current Cases in Insolvency Law" and "Recent Company, Insolvency and Restructuring Developments".
 
Objective:

This course aims to examine Hong Kong's evolving case law on cross-border insolvency matters and explore the room and potential for further development in this area of law.
 
Outline:

The course will explore the developments on the common law principle of modified universalism in Hong Kong since A co v B Co [2014] 4 HKLRD 374, with a particular focus on the trend of developments in the following areas:-

(1) The Hong Kong Court's jurisdiction to wind up foreign companies;
(2) Recognition and assistance of foreign insolvency proceedings in Hong Kong; and
(3) Cross-border restructuring and the restructuring powers of provisional liquidators.

The course will aim to cover most recent authorities on the areas stated above, such as:-

  • Joint Provisional Liquidators of BJB Career Education Company Limited (in provisional liquidation) v Xu Zhendong [2017] 1 HKLRD 113
  • China Medical Technologies, Inc v Samson Tsang Tak Yung [2018] HKCA 111
  • Re Supreme Tycoon [2018] 1 HKLRD 1120
  • Re Z-Obee Holdings Limited [2018] 1 HKLRD 165
  • Re CW Advanced Technologies Ltd [2018] 3 HKLRD 552
  • Re Changgang Dunxin Enterprise Company Limited, 8 February 2018, Grand Court of the Cayman Islands, Mangatal J
  • Re China Solar Energy Holdings Limited (No 2) [2018] 2 HKLRD 338
  • Re China Fishery Group Limited [2019] HKCFI 174
  • Re Mr Kaoru Takamatsu [2019] HKCFI 802

 
Category: Corporate / Commercial
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