Catrina Lam

  • LLB, University College London (1998)
  • PCLL, University of Hong Kong (1999)
  • PgD in EU Competition Law, King's College London (2016)
  • MA in EU Competition Law (Distinction), King's College London (2018)

Year of call

  • 1999 (Hong Kong)

Profile

Catrina enjoys a broad civil practice across a wide spectrum of contentious commercial litigation, with an emphasis on competition, public and securities law.

She has significant experience in handling competition law matters. She has been advising and appearing on behalf of the Competition Commission in Competition Commission v Nutanix Hong Kong Ltd & Ors (CTEA 1/2017), the first enforcement action brought before the Competition Tribunal. She is also acting in Taching Petroleum Company Limited v Meyer Aluminium Limited (CTA 1/2018), the first case in which an alleged competition rule infringement is being raised as a defence to a claim. She has advised undertakings in various sectors including telecommunications, raw materials, and financial sectors on a broad range of competition issues. She appeared on behalf of PCCW-HKT in two of the first cases on competition law before the then Telecommunications (Competition Provisions) Appeal Board (led by Sir Peter Roth QC, currently The Hon Mr Justice Roth, President of the Competition Appeal Tribunal in the United Kingdom). She is on the Competition Commission’s Panel of External Counsel and was recently appointed as a Non-Governmental Adviser to the International Competition Network. She is the Vice Chairman of the Hong Kong Bar Association’s Special Committee on Competition Law. In October 2016, she undertook a 2-week secondment at Monckton Chambers, a leading London set specialising in competition law. She obtained a Master of Arts in EU Competition Law with Distinction from King's College London in 2018.

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

Catrina has advised and appeared on behalf of individuals, corporations and the SFC in market misconduct and related disciplinary proceedings. 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 was appointed as a Deputy District Judge in September 2014 and a Temporary Deputy Registrar of the High Court in May 2018.

She is on the Panel of External Counsel to the Hong Kong Monetary Authority and has been appointed to sit on 7 statutory appeal boards, including the Education Appeal Boards Panel under the Education Ordinance.

She has been serving as the Secretary of the Middle Temple Society in Hong Kong since 2009 and was appointed an Honorary Member of The Honourable Society of the Middle Temple in 2018.

Catrina speaks English, Cantonese and Putonghua, and is a CEDR accredited mediator.

  • Non-Governmental Adviser to the International Competition Network [2018-2019]
  • Temporary Deputy Registrar, High Court of the HKSAR [May 2018]
  • Honorary Member, The Honourable Society of the Middle Temple [2018 - present]
  • Vice Chairman, Special Commitee on Competition Law, Hong Kong Bar Association [2018 - present]
  • Member, Education Appeal Boards Panel under the Education Ordinance (Cap 279) [2018-2019]
  • Vice Chairman, Licensing Appeals Board under the Public Health and Municipal Services Ordinance (Cap132) [2018-2019]
  • Member, Special Committee on Arbitration, Hong Kong Bar Association [2017 - present]
  • 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 [2017 - present]
  • Member, Disciplinary Panel A of the Hong Kong Institute of Certified Public Accountants [2017 – present]
  • 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 [2009- present]

Telecommunications and Competition

  • Taching Petroleum Co Ltd v Meyer Aluminium Ltd [2018] HKCT 4 – case management – defence raised in High Court action alleging collusion in price fixing – allegation transferred to Competition Tribunal
  • Competition Commission v Nutanix Hong Kong Ltd & Ors (No 2) [2018] HKCT 1; [2018] 3 HKC 173 – specific discovery against Competition Commission – application of the principle of public interest immunity, informer privilege, without prejudice privilege
  • Competition Commission v Nutanix Hong Kong Ltd & Ors [2017] 5 HKLRD 712 – self-incrimination – prohibition on direct use of compulsorily obtained answers under s.45(2) of Competition Ordinance - whether protection under s.45(2) prohibition limited to subject of compulsion or extended to employer undertaking
  • Competition Commission v Nutanix Hong Kong Ltd & Ors [2018] 1 HKC 27 – case management – confidentiality protocol – necessary directions to enable matter to proceed to substantive hearing fairly, expeditiously and economically
  • PCCW-HKT v Telecommunications Authority, Appeal No 3 of 2002 – jurisdiction and power to grant interim relief
  • PCCW-HKT v Telecommunications Authority, Appeal No 4 of 2002 – trial on abuse of dominance

Public and Administrative Law

  • Uni-Creation Investments Ltd v Secretary for Justice [2018] HKCA 141; [2018] 2 HKC 531 – whether a columbarium is offensive within the meaning of an offensive trade clause in a Block Government Lease
  • Sin Chung Yin Ronald & Ors v The Dental Council of Hong Kong (2016) 19 HKCFAR 528 – appeared for the Appellants 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
  • 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
  • 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
  • Ho Man Kay v Hong Kong Housing Authority [2004] HKC 1558 – whether claim should be subject of public law remedies
  • Liu Pik Han v. Hong Kong Federation of Insurers Appeals Tribual [2005] 3 HKC 242 – judicial review based on Art. 10 Bill of Rights – decision of Insurance Agents Registration Board to suspend registration of insurance agent by reason of alleged misconduct

Securities and Finance

  • SFC v. Hontex International Holdings Co Ltd – Mareva injunction
  • SFC v. Jun Du (previously “A”) [2009] HKCU 2041 – variation of Mareva injunction
  • China Apollo Holdings Ltd Inquiry – 35-day insider dealing inquiry
  • HKCB Bank Holding Co Ltd & Lippo China Resources Ltd Inquiry – preliminary application before the Insider Dealing Tribunal
  • Various disciplinary proceedings before the Securities and Futures Appeal Panel

General Commercial

  • China Merchants Bank Co Ltd v Cai Sui Xin [2018] HKCFI 2358 – whether necessary to apply for a variation of a Mareva injunction to exercise disposal rights under a Share Charge
  • Better Marine International Limited v Zhong Shan Company Limited [2016] HKEC 2639 – claim for commission arising out of a ship brokerage contract
  • Dragonrider Opportunity Fund LP v Lam Fung (CA) [2014] HKC 253 (CA) – validity of a put option notice and enforcement of share charge.
  • 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 the right to prosecute claims despite conscious decision not to provide security and delay
  • 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
  • Re Moulin Global Eyecare Holdings Ltd (2009) 12 HKCFAR 621; [2010] 1 HKC 90; [2009] 4 HKLRD 203 – application of the “Internal Management Rule” in Royal British Bank v Turquand
  • 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
  • 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

Others

  • Commission of Inquiry into Excess Lead Found in Drinking Water (2016) – acted for China State Construction in the 67-day inquiry into excess lead found in drinking water in respect of public residential housing developments
  • 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.
  • 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.
  • Cathay Pacific Airways Ltd v Hong Kong Dragon Airlines Ltd (17 April 2003) – acted for Dragonair in opposing Cathay’s application for a route license to fly from Hong Kong to Shanghai, Beijing and Xiamen before the Air Transport Licensing Authority
  • Middle Temple Advocacy Scholarship [2001]

Publications:

  • Contributor, Butterworths Hong Kong Legal Dictionary [2004]

Lectures:

Catrina speaks regularly on competition, securities and civil litigation matters.

English, Cantonese, Putonghua