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Rachel Lam, SC

M.A. (Oxon)
L.L.M (Harvard)
M.St. IHRL (Oxon)

Profile

Profile

Rachel’s practice relates mainly to insolvency, restructuring, 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 and restructuring matters, company and commercial litigation, as well as in the securities field.

She acts 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.

In connection with this, she has dealt with a number of corporate restructurings, schemes of arrangement, and privatisations, including amongst others, The Grande Holdings Limited and China Assets (Holdings) Limited schemes.

Her regulatory and securities practice encompasses market misconduct and related disciplinary, compliance and contentious matters. She 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 areas of practice, she regularly deals with complex issues of law and has advised and represented financial institutions, investors, listed companies and their directors, trustees, beneficiaries, regulators, and shareholders.

She is a Contributing Editor to Hong Kong Company Law Cases (2008 – 2019) – published in 2020 by DVC in collaboration with Kluwer.

Selected Cases

Company, Commercial & Trusts:

  • Lam Tak Choi v Chow Tai Fook Jewellery Co Ltd [2020] HKCFI 362
  • Emperor Securities Ltd v SMI Investment (HK) Ltd & Ors [2020] HKCFI 129
  • Société Générale, Singapore Branch v Inter Pacific Group Pte Ltd & Ors [2019] HKCFI 2405
  • Hong Ziyun v Chan Kwan Ming & Ors [2019] 4 HKLRD 405
  • Tang Jialin v Sinopac Securities (Asia) Ltd & Ors [2019] HKCFI 2087
  • Dickson Valora Group (Holdings) Co Ltd v Fan Qi Jian [2019] 2 HKLRD 173
  • 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:

  • Chin Kam Chiu v FTI Consulting, Inc & Others [2020] HKCFI 611
  • Re National Arts Entertainment and Culture Group Ltd [2020] HKCFI 151
  • Wah Nam Group Ltd v Roderick John Sutton & Anor [2020] HKCA 30
  • Ho Chor Ming v Hong Kong Chiu Chow Po Hing Buddhism Association Ltd [2018] 3 HKLRD 270 & [2019] HKCA 495
  • 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 Hitachi Wei Chu (Hong Kong) Ltd [2007] 4 HKLRD 431

Memberships & Appointments

  • Member of the Criminal and Law Enforcement Injuries Compensation Boards
  • Member of the Standing Committee on Company Law Reform (SCCLR) (1 February 2020 to 31 January 2022)
  • Adjudicator of the Immigration Tribunal (since 1 October 2019)
  • Member of the Committee on Companies Law, Hong Kong Bar Association
  • Member of the Committee on Intellectual Property Law, Hong Kong Bar Association
  • Member of the Competition Commission (since 1 May 2018)

Publications / Lecture / Talks

  • Contributing Editor to Hong Kong Company Law Cases (2008 – 2019) –  published in 2020 by DVC in collaboration with Kluwer
  • Contributing author, Company Law in Hong Kong – Insolvency
  • Contributing author, Bullen & Leake & Jacob’s Hong Kong Precedents of Pleadings (1st & 2nd editions)

Scholarships and Awards

  • 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)

Specific Areas of Expertise

Securities Law, Restructuring, Regulatory litigation, Experience in:- Advisory work, drafting, and court attendance in all of the above areas.

Accolades

for Rachel Lam, SC

Rachel Lam SC was ranked by Chambers and Partners Greater China Region 2024 in the field of Commercial Dispute Resolutions.

Chambers Review shared that “Rachel Lam SC is acknowledged for her deft handling of a wide range of commercial litigation matters, but comes particularly highly recommended for her expertise in company law and insolvency disputes.

Clients commented that “For me, Rachel is a total joy to work with. She’s collaborative, commercial and incredibly smart, with fantastic advocacy skills.”, “She’s a calm and convincing presence in front of the bench at the court of final appeal“, “Rachel is meticulous, composed and eloquent. She is the go-to person on complex cases” and “Rachel is usually the first person I go to with complex cases. She is extremely intelligent and user-friendly, a strong advocate and brilliant at cross-examination. At the Bar this is rare, but she is a team player and will work with solicitors to resolve unexpected complications“.

— Chambers & Partners: Greater China Region (2024)

Rachel Lam SC is accredited as a Leading Silk for Commercial Disputes.

— Legal 500 Asia Pacific: Hong Kong Bar (2024)

Rachel Lam SC of Des Voeux Chambers is acknowledged for her deft handling of a wide range of commercial litigation matters, but comes particularly highly recommended for her expertise in company law and insolvency disputes.

Source commend “Rachel is always top on my list. What impresses me the most is when we encounter an obstacle, she will work with me to resolve it to help alleviate the lay client’s concerns. She is on top of the detail on every matter and is very quick on her feet.”; “She’s solid, calm and to the point, with good advocacy skills.”; “She is a highly effective advocate and is really good when she is on her feet in court. She is very hard-working and responsive.”

— Chambers & Partners: Greater China Region (2023)

Rachel Lam SC is accredited as a Leading Silk for Commercial Disputes.

— Legal 500 Asia Pacific: Hong Kong Bar (2023)

Rachel is a highly visible silk who is clearly “moving up in the insolvency field,” and she is commended for being “a very safe pair of hands” who is “extremely confident and composed, both on her feet and when dealing with the clients,” and as “a cool, calm and proficient” advocate who “stays very on top of things and works well under pressure.” She is acknowledged for her deft handling of a wide range of commercial litigation matters, but comes particularly highly recommended for her expertise in company law and insolvency disputes.

— Chambers & Partners Greater China Region (2022)

 ‘She is meticulous, calm and composed.‘ Rachel Lam SC is accredited as a Leading Silk for Commercial Disputes.

— Legal 500 Asia Pacific HK Bar (2022)

Rachel Lam SC  is singled out for being a “fantastic” and “fearsome opponent with a unique brand of advocacy,” which is described as a “very understated but powerful and effective style.” She provides deft handling of a wide range of commercial litigation matters, but comes particularly highly recommended for her expertise in company law and insolvency disputes. “She’s really responsive, and terrifically detail-oriented particularly on difficult points of law. She’s prepared to roll up her sleeves and get into the detail to give a very expert opinion.” “She has earned herself a strong reputation” and is “bright, very calm under pressure and one of those unflappable people who maintains a very calm style, even in the face of adversity from the Bench.”

— Chambers & Partners Asia Pacific (2021)

Meticulous, calm and composed.” Rachel Lam SC is accredited as a 2019 Silk.

— Legal 500 Asia Pacific HK Bar (2021)

New silk Rachel Lam SC of Des Voeux Chambers is a “very busy” and “very bright and knowledgeable” counsel with a “calm yet persuasive advocacy style which is very succinct but covers every point.” Experienced in a variety of commercial, intellectual property and regulatory issues, she stands out in particular for her expertise in the insolvency sphere, interviewees observing that she is “very much front and centre in the market” and the “preferred counsel” of a number of leading liquidators and professional trustees.

— Chambers & Partners Asia Pacific (2020)

Rachel Lam of Des Voeux Chambers is noted both for “very intelligent and very detailed work” and for what one source calls “a particularly impressive advocacy style – eloquent and passionate and yet calm; a very powerful combination.” Another source ascribes to her “all the gravitas of a silk.” In addition to a busy company and commercial, regulatory and insolvency-related practice, she is also active in the intellectual property arena and acted for start-up company Acron International Technology in appellate proceedings which represented Hong Kong’s first case concerning an employer’s entitlement to lay claim to an employee’s inventions.

— Chambers & Partners Asia Pacific (2019)

Rachel Lam of Des Voeux Chambers is singled out by one source as “one of our best senior juniors,” more than one interviewee stressing that she “pursues points strongly, but not unfairly,” making her “someone the court trusts.” Both sought after as a junior and increasingly seen leading cases in her own right, she is especially recommended for her “very good practice in insolvency matters” and assured handling of trust issues.

— Chambers & Partners Asia Pacific (2018)

“Rachel Lam of Des Voeux Chambers is singled out by one source as a “very good, diligent and popular” barrister who is “probably the most sought-after junior for insolvency and knows that area very well.”

— Chambers & Partners Asia Pacific (2017)

“Rachel Lam of Des Voeux Chambers has “lots of knowledge on insolvency and company law and practice” and is “very reliable.” She frequently acts for liquidators, and is also skilled at handling regulatory matters. Her “very calm, very thorough, clear and concise” manner makes her “a go-to junior.”

— Chambers & Partners Asia Pacific (2016)

Book Releases

by Rachel Lam, SC

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