Insolvency and Restructuring

Convenor: Dr Emily Lee

In support of development of this area, in 2006-2007, HKU awarded AIIFL and the Faculty of Law a Research Assistant Professorship in Insolvency and Restructuring.

Insolvency Training and Manuals Project Philip Smart and Charles D Booth designed the Diploma Course in Insolvency for the Hong Kong Society of Accountants (now the Hong Kong Institute of Certified Public Accountants). They also served as Co-directors for the course. Roughly 230 students attended the course.

Since 2002-2003, Stephen Briscoe of Briscoe Wong Ferrier has served as a Co-director for the course. Since 2003-2004, Bruno Arboit of Zolfo Cooper has also served as a Co-director.


Problems of Judicial Recognition and Enforcement in Cross-Border Insolvency Matters Between Hong Kong and Mainland China’, The American Journal of Comparative Law, Vol. 63(2) (forthcoming April 2015), Emily Lee

Comparing Hong Kong and Chinese Insolvency Laws and Their Cross-Border Complexities’, The Journal of Comparative Law, Vol. 9(2) (forthcoming February 2015), Emily Lee

Securities & Futures Commission v China Metal Recycling (Holdings) Limited: Regional Conflict of Laws, Judicial Recognition and Hong Kong-China Cross-Border Insolvencies’, in ‘Annual Review of Insolvency Law 2014’, edited by Janis P. Sarra, published by Carswell (Book Chapter) (December 2014), Emily Lee

Investor Protection in Lehman Brothers’ Insolvency Litigation’, The Journal of Comparative Law, Vol. 7(2), pp. 284-306 (August 2013), Emily Lee

The Reorganization Process Under China’s Corporate Bankruptcy System’, The International Lawyer, Vol. 45(4), pp. 939-974 (Winter 2011), Emily Lee

China’s New Enterprise Bankruptcy Law — A Great Leap Forward, but Just How Far’, International Insolvency Review, Vol. 19(2), pp. 145-177, (2010), Emily Lee and Karen Ho

Remuneration of Provisional Liquidators and Liquidators under the Official Receiver’s Contracting-Out Schemes’, Hong Kong Law Journal, Vol. 39, Part 1, pp. 65-94 (2009), Emily Lee

Judicial Recognition Mechanism Required for Hong Kong-China Cross-Border Insolvencies‘, (in the section ‘Letters to Hong Kong Lawyer’, within the September 2014 issue of) Hong Kong Lawyer (The Official Journal of The Law Society of Hong Kong), pp. 14-15, Emily Lee

Insolvency Conflict of Laws Needs Hong Kong-China Judicial Recognition Mechanism to be Resolved‘, RIF E-Newsletter Issue no. 21 (September 2014) RIF, or the Restructuring and Insolvency Faculty, is the first specialist faculty established in 2008 by the Hong Kong Institute of Certified Public Accountants (HKICPA), Emily Lee

Corporate Rescue Regime in Hong Kong’ (legal column) (in Chinese), Emily Lee

香港公司企業拯救法制的發展與未來, 明報 (法園地), Ming Pao明報 (a newspaper publisher in Hong Kong) (2010), Emily Lee

Hong Kong Personal Insolvency Manual (2nd ed.), was published in 2010, by Hong Kong Institute of Certified Public Accountants, Charles D Booth and Edward Tyler

Hong Kong Corporate Insolvency Manual (2nd ed.), was published in 2009, by Hong Kong Institute of Certified Public Accountants, Stephen Briscoe and Charles D Booth

Essays in Memory of Professor Philip St. John Smart, 1961-2008
Hong Kong Law Journal Volume 39, Part 1 of 2009

  • “A New Stage of Regional Judicial Assistance in Civil and Commercial Matters: Implementation of the Mainland Judgments Ordinance and Certain Issues Beyond”, Xian Chu Zhang
  • “Quistclose and Romalpa: Ambivalence and Contradiction”, Lusina Ho and Philip Smart
  • “Investigation of Insolvent Companies in Hong Kong: A Corporate Governance Crisis”, Philip Smart, Charles D. Booth & Stephen Briscoe
  • “Remuneration of Provisional Liquidators & Liquidators under the Official Receiver’s Contracting-Out Schemes”, Emily Lee
  • “Building a Framework to Address Failure of Complex Global Financial Institutions”, Douglas Arner and Joseph J. Norton
  • “Recent Developments in the Shareholder’s Derivative Action: Hong Kong and Australian Perspectives”, Lee Aitken

Professor Philip St. John Smart Memorial Lecture organized by Faculty of Law, The University of Hong Kong

17 November 2016
Understanding Cross-Border Insolvency in the Hong Kong Context presented by The Hon Mr Justice Jonathan Harris, Court of First Instance of the High Court, HKSAR

21 November 2014
Lehman Brothers’ Cross-border Insolvency presented by Edward Middleton, Partner and Head of Restructuring Services, Asia-Pacific, KPMG

9 November 2012
Professor Philip St. John Smart Inaugural Memorial Lecture presented by Stephen Briscoe, Briscoe Wong Ferrier and Professional Advisory Board Member, Asian Institute of International Financial Law