In the recent case Re CW Advanced Technologies Limited, the Hong Kong court took the opportunity, albeit only obiter dicta, to raise and briefly comment on certain unresolved questions surrounding three issues of interest to insolvency practitioners:

  • first, whether a scheme moratorium ordered by a Singapore court under Singapore law can qualify for common law recognition in Hong Kong; and
  • if yes, second, whether the Hong Kong court may grant assistance by appointing provisional liquidators; and
  • third, whether a scheme of arrangement in general can be characterised as a ‘collective insolvency proceeding’ under Hong Kong law.
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