Catrina Lam

  • LLB, University College London, University of London (1998)
  • PCLL, University of Hong Kong (1999)

Year of call

  • 1999 (Hong Kong)

Practice area

Commercial Crime
Employment Law
Media and Entertainment
Property and Building Management
Telecommunications

Profile

Catrina enjoys a broad civil practice covering a wide range of commercial and corporate disputes, as well as constitutional and administrative law litigation. Her commercial and corporate practice includes corporate and shareholders disputes, breach of fiduciary duties, insolvency, defamation, employment, property related disputes, as well as construction matters. She has advised and represented Government officials and public bodies including the Chief Executive in Council, Communications Authority, Lands Department, Housing Authority, as well as private litigants, in her constitutional and administrative law practice. Catrina also represents the Town Planning Board on an ongoing basis.

She has advised and appeared on behalf of individuals, corporations and the SFC in market misconduct and related disciplinary proceedings. She acted for SFC in successfully obtaining a HK$997m Mareva injunction against Hontex International Holdings Co Ltd under s.213 of the Securities Futures Ordinance, and for Jun Du in successfully varying a Mareva injunction to reduce the value of frozen assets. She has appeared before the Insider Dealing Tribunal in a 35-day inquiry against China Apollo Holdings Limited, and in a preliminary application in an insider dealing inquiry against HKCB Bank Holding Co Ltd and Lippo China Resources Ltd. She has also appeared in various disciplinary proceedings before the Securities and Futures Appeal Panel.  

Catrina has also advised a number of major telecommunications companies on various licensing and competition issues including appearances on behalf of PCCW-HKT in two of the first cases in Hong Kong on competition law before the Telecommunications (Competition Provisions) Appeal Board (led by Sir Peter Roth QC, currently The Hon Mr Justice Roth of the High Court of England and Wales and the President of the Competition Appeal Tribunal in the United Kingdom). In January 2016, she was appointed to the Competition Commission’s Panel of External Counsel. She is also a member of the Hong Kong Bar Association’s Special Committee on Competition Law. 

In addition, Catrina has represented major local artists, managers, record companies and publishers within the media and entertainment industry in Hong Kong. Cases have involved contractual construction, royalties, commission, agency and restraint of trade.

Catrina is also a CEDR accredited mediator.

  • Middle Temple Society of Hong Kong Scholarship (2001)
  • Member of Disciplinary Panel A of the Hong Kong Institute of Certified Public Accountants (2017 – 2019)
  • Panel of External Counsel to the Competition Commission (2016 - present)
  • Hong Kong Bar Association Special Committee on Competition Law (2016 - present)
  • Member of the Board of Review (Inland Revenue Ordinance) (2016 -present)
  • Chairman of the Buildings Appeal Tribunal (2015 – present)
  • Deputy District Judge (September 2014)
  • Member, Bar Council (2013)
  • Accredited Mediator (CEDR)
  • Secretary, Middle Temple Society of Hong Kong
  • Member, Advisory Committee, Middle Temple Society of Hong Kong
  • Contributor to Butterworths Hong Kong Legal Dictionary
  • Important Issues and Procedures in Obtaining Injunctions in Hong Kong (2008)
  • Dragonrider Opportunity Fund LP v Lam Fung (CA) [2014] HKC 253 (CA) – Validity of put option notice and enforcement of share charge.
  • GE Transportation (Shenyang) Co Ltd v Lu Jinxiang [2014] HKEC 253 (CFI) – Civil Contempt – Breach of Interim Arbitral Order and High Court Enforcement Order.
  • Turbo Top Ltd v Lee Cheuk Yan & Ors [2013] 3 HKC 578; [2013] 3 HKLRD 41 – Right of demonstration and assembly – Trespass – Interlocutory injunction to restrain dock workers from entering Cheung Kong Center, protesting and keeping temporary structures in public open space.
  • Wingames Investments Ltd & Ors v Mascot Land Ltd & Ors [2013] 3 HKC 444; [2013] 2 HKLRD 521 (CFI) – Security for costs – Whether plaintiffs not to be deprived of right to prosecute claims despite conscious decision not to provide security and delay - Transfer to Commercial List.
  • Wingames Investments Ltd & Ors v Mascot Land Ltd & Ors [2013] 5 HKC 45; [2013] 1 HKLRD 1186 (CA) – Mandatory injunction effectively determining parties’ substantive rights should not have been made at interlocutory stage in the absence of an application by the parties.
  • HKSAR v Chan Chun Chuen [2012] 5 HKC 35; [2012] 3 HKLRD 265 – Committal proceedings - Charge of forgery and use of false instrument arising from events following death of Mrs Nina Wang – Application for stay of proceedings.
  • Re Moulin Global Eyecare Holdings Ltd (2009) 12 HKCFAR 621; [2010] 1 HKC 90; [2009] 4 HKLRD 203 – Application of “Internal Management Rule” in Royal British Bank v Turquand – Loan Agreement - Floating Charge in Debenture.
  • Akai Holdings Ltd (in compulsory liquidation) & Ors v Ho Wing On Christopher [2009] HKEC 1437 (HCCL 37, 37F & 40/2005, 1 September 2009) – Mareva injunction – Appointment of receiver – Application for leave to join as party by trustee of the Ho Family Trust.
  • Tsang Wai Lun Wayland & Anor v. Chu King Fai & Ors [2009] 5 HKLRD 105 – Appointment of additional directors by board invalid where predominant purpose was to entrench control of management - Difference between derivative action where a wrong was done to the company and an action by a shareholder with a personal grievance against company.
  • Wynn Resorts (Macau) SA v. Mong Henry [2009] 5 HKC 515 – Whether proceedings by Wynn Resorts Macau and Wynn Las Vegas in Hong Kong to recover alleged gambling debts totaling US$6.75 million should be stayed in favour of Macau and Las Vegas – Whether basis of suit was under a credit agreement or the marker.
  • Re Grand Field Group Holdings Ltd [2009] 3 HKC 81 – Leave to bring derivative action under s.168BC of Companies Ordinance – Breach of fiduciary duties of directors.
  • UDL Holdings Ltd v Leung Yuet Keung [2008] 6 HKC 127 (CFI); [2009] HKEC 1532 (CA); [2010] HKEC 214 (CFA) – Breach of director’s fiduciary duties – No conflict and no profit rules – Bidding on judicial auction of vessel.
  • China Map Ltd v. Commissioner of Inland Revenue (2008) 11 HKCFAR 486 (CFA); [2007] 4 HKLRD 247 (CA); [2006] 3 HKLRD 719 (CFI) – whether the Board of Review had committed an error of law in dismissing the taxpayers’ appeals without making a finding that the taxpayers were carrying on a trade or an adventure or concern in the nature of trade.
  • Lo Siu Lan v. Hong Kong Housing Authority (2004) 7 HKCFAR 631; [2005] 2 HKLRD 208 (CFA); [2004] HKCU 1472 (CA) – Judicial review - decision to divest retail and car park facilities in connection with the public listing of Link REIT.
  • Re Precast Piling and Engineering Co Ltd (In Liq) [2005] 2 HKC 10 – Winding up – Proof of debts – Secured creditor failed to disclose security by inadvertence – whether security surrendered.