Rachel Lam

  • M.A. (Oxon)
  • BPP Law School (Bar Vocational Course)
  • L.L.M (Harvard)
  • M.St. IHRL (Oxon)

Year of call

  • 2004 (England and Wales)
  • 2004 (Hong Kong)
  • 2007 (New York State Bar)

Practice areas

Company & Insolvency litigation

Securities and Regulatory Related litigation

Civil & Commercial litigation

Intellectual Property & Information Technology Law

Land Law

Profile

Rachel’s practice relates mainly to insolvency, regulatory, company and commercial matters. She joined Des Voeux Chambers in 2006 after winning a series of scholarships and prizes for academic excellence. She is qualified in three jurisdictions - Hong Kong, England & Wales and New York State - and has enjoyed establishing her practice in Hong Kong.

Rachel has acquired extensive experience in insolvency matters, company and commercial litigation, as well as in the securities field.

She has significant experience in dealing with insolvency matters, acting regularly for liquidators and a wide range of companies. Her company and commercial litigation practice comprises commercial trust matters, corporate claims, derivative actions, and commercial injunctions.

Her regulatory and securities practice encompasses market misconduct and related disciplinary, compliance and contentious matters. She regularly advises clients in relation to the multifarious issues which can crop up in both contentious and non-contentious settings, and has acted both for and against the SFC in High Court proceedings.

In connection with these disputes, she deals regularly with complex issues of law and has regularly advised and represented financial institutions, investors, listed companies and their directors, trustees, beneficiaries, regulators, and shareholders.

Company, Commercial & Trusts:

  • China Shanshui Cement Group Ltd v Zhang Caikui [2018] HKCFI 444, [2018] HKCFI 973, & [2018] HKCFI 1192
  • Re China Assets (Holdings) Ltd, HCMP 1875/2017
  • Chen Mei Lan v The Registrar of Companies [2017] 1 HKLRD 924
  • China Baoli Technologies Holdings Ltd v Orient Equal International Group Ltd, HCA 1399/2016
  • Union Glory Finance Inc v Merrill Lynch International Bank Ltd, HCA 2494/2013, CACV 205/2016
  • Excel Courage Holdings Ltd v Wong Sin Lai [2014] 3 HKLRD 642 & HCCL 34/2013
  • Pacific Electric Wire & Cable Co Ltd v Harmutty & Ors [2007] 2 HKLRD 261 & [2008] 4 HKLRD 349 (CFI), [2009] 3 HKLRD 94 (CA), & (2014) 17 HKCFAR 710
  • Talal El Makdessi v Team Y&R Holdings Hong Kong Ltd, HCMP 1054/2011
  • East Epoch International Ltd v Wong Poon Ting [2010] 3 HKLRD 495
  • World Fuel Services (Singapore) Pte Ltd v Florens Container Inc (2007) 10 HKCFAR 252 & (2007) 10 HKCFAR 256

Insolvency:

  • Peace Mark (Holdings) Ltd (in liquidation) v Chau Cham Wong Patrick, HCA 2371/2009, [2018] HKCFI 659
  • Re Wah Nam Group Ltd, HCCW 166/2000
  • Speedy Brilliant Investments Ltd v China Health Group Ltd, HCCW 816/2016
  • Re The Grande Holdings Ltd, HCCW 177/2011
  • Re STX Pan Ocean (Hong Kong) Co Limited [2014] 5 HKLRD 581
  • Re Lehman Brothers Commercial Corporation Asia Ltd [2014] 3 HKLRD 448
  • Re Days International Ltd [2014] 1 HKLRD 20
  • Re Gabriel Ricardo Dias-Azedo [2013] 4 HKLRD 549
  • Re Pioneer Iron and Steel Group Co Ltd, HCCW 322/2010
  • Re Moulin Global Eyecare Holdings Ltd, HCCW 470/2005
  • Re Chung Winston [2013] 2 HKLRD 649
  • Re Titanium Technology Ltd [2011] 3 HKLRD 134

Regulatory:

  • Various engagements by the Securities and Futures Commission
  • Founder Holdings Limited Inquiry

Intellectual Property:

  • Acron International Technology Ltd v Chan Yiu Wai, HCA 1709/2010, [2017] 3 HKLRD 799, [2018] HKCA 97, & [2018] HKCFA 21
  • Lion Capital LLP v The Registrar of Trade Marks [2011] 1 HKLRD 272
  • Hitachi, Ltd v Hticahi Wei Chu (Hong Kong) Ltd [2007] 4 HKLRD 431

  • Member of the Committee on Company Law, Hong Kong Bar Association
  • Member of the Competition Commission (since 1 May 2018)

  • Contributing author, Company Law in Hong Kong - Insolvency
  • Contributing author, Bullen & Leake & Jacob’s Hong Kong Precedents of Pleadings
  • CPD Talk: SFC Enforcement Actions: Implications for the Financial Services Industry
  • CPD Talk: Disciplinary Proceedings in the SFC: An Overview
  • CPD Talk: Insider Dealing: The Substantive Law and its Application

  • Oxford University (Pembroke College): Exhibition, First Class Honours
  • Harvard Law School: Yong K. Kim Memorial Prize 2005 (for L.L.M. Dissertation on Intellectual Property and the Rule of Law in China)
  • Hong Kong Bar Association: Bar Scholarship (2004) & Charles Ching Memorial Scholarship (2004)