Re Ourgame International Holdings Limited 

[2026] HKCFI 4671, Harris J granted recognition and managerial assistance to Cayman-appointed liquidators of a company whose centre of main interests (COMI) was outside the Cayman Islands, but declined to grant the full range of assistance that may be available to foreign office-holders appointed in the company’s COMI.

The decision clarifies the approach to recognition and assistance where the foreign insolvency process was not opened in the company’s COMI.

Harris J held that the primary criterion for recognition and assistance is whether the foreign collective insolvency process was opened in the company’s COMI. Where this is so, recognition and assistance may be granted under established common law principles of modified universalism.

By contrast, where a collective insolvency proceeding is opened in the company’s place of incorporation, but that jurisdiction is not its COMI, the Court may nevertheless recognise the foreign liquidator and grant managerial assistance – described by Harris J as “agentic powers”. This is founded on the juridical basis that, under ordinary private international law principles, the law of the place of incorporation governs matters concerning a company’s constitution, internal management, and the identity and powers of those responsible for administering its affairs.

There is accordingly an important difference between recognition of a foreign insolvency process under modified universalism which depends on the proceedings having been opened in the company’s COMI, and recognition of an office-holder appointed under the law of the company’s place of incorporation based on ordinary private international law principles.

Harris J observed that the summary of principles set out by Linda Chan J at §59 of 

 [2026] HKCFI 1320 presupposes this distinction, given Linda Chan J’s agreement with 

 [2022] 5 HKC 485 at §50 of the judgment.

Finally, Harris J noted that, if the foreign liquidators require powers available to a Hong Kong liquidator, they may consider applying to wind up the company in Hong Kong.

, instructed by Slaughter & May, appeared for the Applicants.

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