Product: A Word of Counsel

Author: Des Voeux Chambers

Key focus points: Insights and key takeaways on topical legal issues in Hong Kong in the form of articles and case reports

Frequency: Quarterly

In this 12^th issue, Jose-Antonio Maurellet SC and Tom Ng clarify the principles applicable to an injunction restraining the presentation of a winding-up petition, exploding a common myth, in an article entitled “Stop winding me up!” Jonathan Chan analyses the nuances of the fiduciary duty between an expert and his/her client as discussed in a recent UK Court of Appeal case in an article entitled “No Conflict Zone” Switching gears, Vincent Chiu compellingly portrays why reform is needed in the mental health sphere in Hong Kong, and supports this proposition by relying on a slew of relevant cases including a case he co-piloted with Christopher Chain. DVC's Adrian Lai spotlights the 4 seminal clarifications that have come about following the Supplemental Arrangement to the “Arrangement of the Supreme People’s Court on the Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong SAR” which were announced towards the tail end of last year.

Crystallizing the myriad strands emanating from the epic Convoy saga, Michael Lok and Jasmine Cheung outline the state of play relating to various proceedings which have fallen under the Convoy banner of late. John Scott SC, QC, JP, William Wong SC, JP, and Look-Chan Ho examine the recent milestone case of Re Allied Properties [2020] 5 HKLRD 766, where the Court of Appeal sanctioned a privatisation scheme of arrangement for the first time. Find out how and why the Court of Appeal exercised its discretion to sanction the scheme, and why this is a ground-breaking and welcome decision in the insolvency landscape. In another watershed case featuring Jose-Antonio Maurellet SC, Look-Chan Ho and Tom Ng, the Court recalibrated Hong Kong’s winding-up jurisdiction over foreign companies in the case of Re China Huiyan Juice Group Ltd [2020] HKCFI 2940. Determine what made this a pivotal decision and why creditors need to re-evaluate enforcement risks when lending to Mainland businesses, and what the Court will take into account when deciding whether to adjourn a winding-up petition.

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