Insolvency and Restructuring
Convenor: Dr Emily Lee
Dr Emily Lee‘s academic publications cover a wide range of research topics, including crowdfunding, financial technology (FinTech), regulatory technology (RegTech), financial inclusion, traditional banking, shadow banking, international financial regulations (particularly on Basel III), financial crises, anti-money laundering/countering, the financing of terrorism (AML/CFT) compliance by financial institutions, cross-border insolvency, Hong Kong-China cross-border insolvency, judicial recognition and assistance, Hong Kong insolvency law, Chinese insolvency law, comparative financial law and comparative insolvency law.
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.
“Judicial Diplomacy in the Asia-Pacific: Theory and Evidence from the Singapore-Initiated Transnational Judicial Insolvency Network”, Journal of Corporate Law Studies, Vol. 20(2), pp. 389-420 (January 2020 published online; September 2020 print publication), Emily Lee and Eric C. Ip
“Understanding Cross-Border Insolvency in the Hong Kong Context”, Hong Kong Law Journal, Vol. 47 (2017) Part 1, pp. 55-72.
This article was originally the 3rd Professor Philip St. John Smart Memorial Lecture (17 November 2016, Hong Kong) delivered by The Hon Mr Justice Jonathan Harris (Companies Court Judge of the High Court of Hong Kong). Following the memorial lecture, and at the request of Justice Harris, Dr Emily Lee edited his lecture notes for publication in the Hong Kong Law Journal which became part of the HKU Law Faculty’s public lecture series by distinguished speakers.
‘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) (April 2015), Emily Lee [ SSRN Link :: Last revised: 17 Apr 2015 ]
‘Comparing Hong Kong and Chinese Insolvency Laws and Their Cross-Border Complexities’, The Journal of Comparative Law, Vol. 9(2), Emily Lee [ SSRN Link :: Last revised: 17 Apr 2015 ]
‘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 [ SSRN Link :: Last revised: 2015 ]
‘Investor Protection in Lehman Brothers’ Insolvency Litigation’, The Journal of Comparative Law, Vol. 7(2), pp. 284-306 (August 2013), Emily Lee [ SSRN Link :: Last revised 2015 ]
‘The Reorganization Process Under China’s Corporate Bankruptcy System’, The International Lawyer, Vol. 45(4), pp. 939-974 (Winter 2011), Emily Lee [ SSRN Link :: Last revised: 27 Jan 2015 ]
‘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 [ SSRN Link by Emily Lee :: Last revised 2015 ]
‘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 [ HKU Hub Link :: Hong Kong Law Journal citation ]
‘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 [ HKICPA Link to soft copy ]
‘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 [ HKICPA Link to soft copy ]
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 [ Professional Bookshop Publication Link ]
The Hong Kong Corporate Insolvency Manual (fourth edition, 2018) Charles D. Booth, ELG Tyler, Ludwig Ng and Terry Kan [ LexisNexis Publication Link ]
Hong Kong Corporate Insolvency Manual (third edition, 2015), Charles D. Booth, Stephen Briscoe and ELG Tyler, (Published in association with the Hong Kong Institute of Certified Public Accountants) by LexisNexis [ Professional Bookshop Publication Link ]
Charles D. Booth and ELG Tyler, Hong Kong Personal Insolvency Manual (second edition, 2010), published by Hong Kong Institute of Certified Public Accountants
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 :: SSRN
- “Quistclose and Romalpa: Ambivalence and Contradiction”, Lusina Ho and Philip Smart :: SSRN
- “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 :: HKU Hub
- “Building a Framework to Address Failure of Complex Global Financial Institutions”, Douglas Arner and Joseph J. Norton :: SSRN
- “Recent Developments in the Shareholder’s Derivative Action: Hong Kong and Australian Perspectives”, Lee Aitken :: SSRN
AIIFL has assisted the Faculty of Law to organise the Professor Philip St. John Smart Memorial Lecture since 2012:
3 May 2023
The Cross-Border Insolvency Cooperation between Mainland China and Hong Kong SAR: Is the Arrangement Enough and Why?
Dr. Jingxia Shi, Professor (international business & economic law), School of Law, Renmin University of China
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