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ARTICLE · 19 NOVEMBER 2012

Court Rules On Yung Kee Restaurant Case

Mayer Brown
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The Court of First Instance delivered its judgment in the high-profile case of Kam Kwan Sing v Kam Kwan Lai & Ors.

Hong KongInsolvency/Bankruptcy/Re-Structuring
Richard Tollan
Richard Tollan
Edmund Ma
Edmund Ma
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Keywords: Kam Kwan Sing v Kam Kwan Lai & Ors, place of business, Companies Ordinance, court jurisdiction, Hong Kong, British Virgin Islands,

Summary

The Court of First Instance delivered its judgment in the high-profile case of Kam Kwan Sing v Kam Kwan Lai & Ors. (HCCW 154/2010) on 31 October 2012, in which the Petitioner applied to wind up Yung Kee Holdings Limited, the company indirectly holding the well known Yung Kee restaurant in Central, Hong Kong. The Court decided that it has no jurisdiction to entertain the Petition as the Company has not established a place of business in Hong Kong.

Background

Yung Kee Holdings Limited (the "Company") is an investment holding company incorporated in the British Virgin Islands (BVI) but it is not registered in Hong Kong under Part XI of the Companies Ordinance (Cap.32) (CO). The Company ultimately owns the Yung Kee restaurant, a well known Chinese restaurant in Hong Kong, through a complex corporate structure.

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