the power at common law to assist the officers of a foreign court of insolvency jurisdiction or equivalent public officers by ordering the production of information in oral or documentary form which was necessary for the administration of a foreign winding up is not available to enable them to do something which they could not do under the law by which they had been appointed. ground Benefit to other creditors 1 Mr Ng argued in his written submission that it is not sufficient if the Petitioner is the only creditor to benefit from the windingup order. He relied on Re Insigma (HCCW 224/2013, 15 October 2015) where Technology Co Ltd Harris J at paragraph 22 said : However, what Alstom [the Petitioner] seeks to do is ‘ to obtain a winding up order in Hong Kong over an active company incorporated and listed in another jurisdiction. There are no creditors domiciled or resident in Hong Kong. The Company has, relative to its activities generally, little connection with Hong Kong and neither does Alstom. The application does not seem to be a genuine attempt to engage the Hong Kong insolvency regime for the protection of the Company’s creditors. It seems to be a means to put pressure on the Company.’ He now accepts that there are other creditors of the Company.
the power at common law to assist the officers of a foreign court of insolvency jurisdiction or equivalent public officers by ordering the production of information in oral or documentary form which was necessary for the administration of a foreign winding up is not available to enable them to do something which they could not do under the law by which they had been appointed. ground Benefit to other creditors 1 Mr Ng argued in his written submission that it is not sufficient if the Petitioner is the only creditor to benefit from the windingup order. He relied on Re Insigma Technology Co Ltd (HCCW 224/2013, 15 October 2015) where Harris J at paragraph 22 said : ‘ However, what Alstom [the Petitioner] seeks to do is to obtain a winding up order in Hong Kong over an active company incorporated and listed in another jurisdiction. There are no creditors domiciled or resident in Hong Kong. The Company has, relative to its activities generally, little connection with Hong Kong and neither does Alstom. The application does not seem to be a genuine attempt to engage the Hong Kong insolvency regime for the protection of the Company’s creditors. It seems to be a means to put pressure on the Company.’ He now accepts that there are other creditors of the Company.