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 and robust civil practice covering a wide range of commercial disputes, as well as competition, securities and public law.

 

Catrina has considerable experience in handling competition law matters. She has been advising and appearing in Competition Commission v Nutanix Hong Kong Ltd & Ors, the first case commenced before the Competition Tribunal after the Competition Ordinance came into effect in December 2015. She has advised major telecommunications companies on licensing and competition issues. She appeared on behalf of PCCW-HKT in two of the first cases in Hong Kong on competition law before the then 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 and has advised as well as appeared on behalf of the Competition Commission. She is also a member of the Hong Kong Bar Association’s Special Committee on Competition Law. In October 2016, she was selected by the Hong Kong Bar Association as one of four counsel to undertake a secondment at Monckton Chambers, a leading set specialising in competition law in London.

 

Catrina has also 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.  

 

Other case highlights include acting for China State Construction Engineering (Hong Kong) Limited in the 67-day commission of inquiry into excess lead found in drinking water; Chan Chun Chuen Tony in committal proceedings for the forgery of the late Mrs Nina Wang’s will, proceedings to set aside payments totalling HK$2.064 billion made by Mrs Nina Wang on the ground of undue influence and an application for leave to appeal to the Court of Final Appeal against property and profits tax assessments totalling HK$330m; Hong Kong Dragon Airlines Limited in respect of Cathay Pacific’s route license applications to fly from Hong Kong to Shanghai, Beijing and Xiamen; Turbo Top Limited (a subsidiary of Cheung Kong) for an injunction to restrain dock workers from entering Cheung Kong Center and protesting at its surrounding open space; Trustee of the Ho Family Trust in respect of a Mareva injunction application in the Akai Holdings Limited liquidation; as well as the Hong Kong Housing Authority in opposing a high-profile judicial review against the public listing of Link REIT.

 

Catrina has also advised and represented Government officials and public bodies including the Chief Executive in Council, Communications Authority, Lands Department, Housing Authority, the Town Planning Board as well as private litigants, in her public law practice. 

  • Member, Appeal Board and Rules Committee under the Accreditation of Academic and Vocational Qualifications Ordinance (Cap 592) [2017 - present]
  • Panel of External Counsel to the Hong Kong Monetary Authority [August 2017 - present]
  • Member, Disciplinary Panel A of the Hong Kong Institute of Certified Public Accountants [2017 – 2019]
  • Panel of External Counsel to the Competition Commission [2016 – present]
  • Member, Board of Review (Inland Revenue Ordinance) [2016 – present]
  • Chairman, Buildings Appeal Tribunal [2015 – present]
  • Deputy District Judge, District Court of the HKSAR [September 2014]
  • Member, Bar Council [2013]
  • Secretary, The Middle Temple Society of Hong Kong [2012- present]
  • Commission of Inquiry into Excess Lead Found in Drinking Water – acted with Ian Pennicott SC for China State Construction in the 67-day inquiry into excess lead found in drinking water in respect of public residential housing developments
  • Sin Chung Yin Ronald & Ors v The Dental Council of Hong Kong (2016) 19 HKCFAR 528 – appeared for the Appellants (lead by Johnny Mok SC) in the Court of Final Appeal in overturning the Dental Council and Court of Appeal’s judgments in convicting the Appellants for disciplinary offences and successfully resisting an application to remit the matter back to the Dental Council for reconsideration
  • Better Marine International Limited v Zhong Shan Company Limited, HCA 958/2014, 30 November 2016 – acted for the Plaintiff in a trial hearing in claiming successfully against the Defendant for commission arising out of as ship brokerage contract
  • 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.
  • Middle Temple Advocacy Scholarship [2001]

Publications:

  • Contributor, Butterworths Hong Kong Legal Dictionary [2004]

Lectures:

  • Important Issues and Procedure in Obtaining Injunctions in Hong Kong [2008]
  • Crouching Tiger, Hidden Dangers & The Civil Enforcement of Securities Violations in Hong Kong [2016]

English, Cantonese, Putonghua