Enterprises with international and cross-border operations are justifiably concerned about the risk of winding-up proceedings being commenced, and winding-up orders made, in respect of companies outside their “home” jurisdictions, i.e. outside the jurisdictions in which they have been incorporated. Given Hong Kong’s position as an international financial centre, the listing of foreign and Mainland Chinese companies on the Hong Kong Stock Exchange (HKEX), and the not uncommon use of offshore vehicles in complex trust and company structures, the matter is one of considerable practical significance for a wide range of actors. In a recent judgment, the Hong Kong Court of Appeal (CA) in Shandong Chenming Paper Holdings Ltd v Arjowiggins HKK 2 Ltd  HKCA 670 (“Shandong Chenming”) has clarified the current state of the law (subject, of course, to any further potential appeal to the Hong Kong Court of Final Appeal (CFA)) in a decision that is likely to be of interest to international and cross-border businesses (and those advising them) at the same time as it raises certain intriguing questions.
Commentary by Adrian Lo
In Sham Wing Kan v Commissioner of Police  HKCA 186, the Court of Appeal (CA) delineated the circumstances and procedures under which a warrantless search of digital contents of a mobile phone could lawfully be conducted by law enforcement officer upon arresting a suspect. The principle of requiring judicial warrants where “reasonably practicable” were argued by Dr Gerard McCoy SC and Albert N B Wong.