Fiona Chan

Notable Cases:

• Defending a prominent entrepreneur and his information technology company and instructing Wong Yan Lung, SC in a 27-day High Court trial involving a claim brought by 11 Singaporean investors for an alleged fraudulent scheme arising from the failure of an intended Initial Public Offering listing of the company in the Catalist Board of the Singapore Stock Exchange. 
• Acting for a member of a Hong Kong charitable company in the successful application for an order for inspection and the company’s provision of a copy of the Register of Members being the first contentious case on section 631 of the Companies Ordinance (Cap. 622) in Hong Kong (Lam Kin Chung v Soka Gakkai International of Hong Kong Limited [2017] 4 HKLRD 192).
• Acting for a minority shareholder in the successful application for leave to commence statutory derivative action against its directors in a dispute concerning breach of directors’ duties and fiduciary duties arising from property transactions to claim for damages of at least HK$60 million. Also successfully opposed an appeal in the Court of Appeal and resisted an application for leave to appeal to the Court of Final Appeal.
• Acting for a Mainland private equity fund in the successful urgent application for worldwide Mareva injunction and proprietary injunction together with ancillary disclosure order restraining disposal of assets up to the value of HK$83 million against a family trust established in the British Virgin Islands and a securities brokerage firm in the United Kingdom which is regulated by the Financial Conduct Authority in a dispute over a collateral loan arrangement involving fraud and misrepresentation claims. Also assisted client in successfully obtaining a back-to-back injunction order in the United Kingdom.
• Acting for a shareholder of a Malaysian family conglomerate in an application for injunctive and declaratory relief to challenge the validity of board resolutions and acts of the directors and contentious probate proceedings arising from a family dispute concerning the administration of estate involving offshore assets. The Hong Kong proceedings was one of several contentious proceedings between the parties across multiple jurisdictions in Malaysia, the Mainland China and the British Virgin Islands.
• Acting for a shareholder of a British Virgin Islands company in the successful urgent application for a worldwide interlocutory proprietary injunction, quia timet prohibitory injunctions as well as ancillary disclosure order restraining disposal of the company’s shares and dissipation of the company’s assets under a fraudulent scheme. 
• Acting for a Mainland real estate developer in the successful urgent application for Mareva injunction under section 21M of the High Court Ordinance (Cap. 4) in aid of the enforcement of a Mainland judgment obtained against a major shareholder of a Hong Kong listed company for damages of approximately RMB 200 million and the successful application for registration of the Mainland judgment in Hong Kong under the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597) and thereafter resisting an application to discharge the injunction and set aside the registration.
• Defending a global medical supplies company and successfully resisting an urgent application for interim-interim injunction taken out by a United States corporation during the COVID-19 pandemic for restraining publication of alleged defamatory statements. Also representing the client in its claims against a Hong Kong supplier and the United States corporation for breach of Supply and Purchase Agreements and infringement of related intellectual property rights.
• Advising and representing a shareholder of a property and securities investment company owned by a prominent family in Hong Kong in opposing proposed share buy-back by the company.
• Acting for banks in a range of insolvency proceedings including winding-up proceedings and bankruptcy proceedings, debt recovery actions including obtaining money judgments, garnishee orders, charging orders, vacant possession order under Order 88 and a claim of email fraud against various corporate bodies registered in Hong Kong which are the first-layer and second-layer recipients of total sums of approximately US$3.7 million.
• Representing a construction material supplier as a supporting creditor in complex winding-up proceedings against a well-established construction company with total estimated value of liabilities of HK$2.4 billion, involving application for the appointment of provisional liquidators, application for validation order and application for recognition and assistance by the Hong Kong Court for the Bermuda provisional liquidation of the holding listed company.
• Acting for the Mainland subsidiaries of a renowned Hong Kong mattress manufacturer and supplier in commencing a claim for approximately RMB138 million for breach of a Share Transfer Agreement and Assignment(s) of Debts against various Mainland companies by arbitration seated in the Hong Kong International Arbitration Centre (HKIAC) and administered by the HKIAC’s Administered Rules.

Professional Positions:

• Panel Arbitrator of Dongguan Arbitration Commission
• Hong Kong International Arbitration Centre (HKIAC) Accredited Tribunal Secretary (Distinction)
• Mediator appointed by Dongguan Dongyi Commercial Mediation Center
• Committee Member of Young Solicitors’ Group of Law Society of Hong Kong
• Committee Member of Greater China Legal Affairs Young Solicitors Sub-Committee of Law Society of Hong Kong
• Committee Member of Organising Committee of Cross Strait Four Regions Young Lawyers Forum
• Committee Member of Organising Committee of Teen Talk of Law Society of Hong Kong
• Former Supervisor (監事) of China-ASEAN (Macao) Arbitration Association 
• Honorary Legal Advisor of Family Network

Awards:

• The Law Society of Hong Kong Pro Bono and Community Service Award, Individual Award – Silver Award 2021, 2022.
• The Law Society of Hong Kong Pro Bono and Community Service Award, Individual Award – Gold Award 2023.
• Special Award of the 2020/22 Recognition Scheme for Provision of Pro Bono Legal Services, the Administration Wing of the Chief Secretary for Administration’s Office. 

Presentation at Conferences and Seminars:

• Seminar to members of Family Network on “法律對無精神行為能力人士簽訂的合約的保障”, Hong Kong, April 2023
• Roundtable Meeting with members of Guangdong Lawyers Association and Law Society of Hong Kong on “Experience Sharing on the Implementation of Mutual Legal Assistance between the Mainland and Hong Kong on Cross-Border Dispute Resolution”, Hong Kong, March 2023
• Webinar to members of The Hong Kong Society for Rehabilitation Community Rehabilitation Network on “自助組織作為慈善團體的相關法律簡介與實踐”, Hong Kong, July 2022
• Webinar to members of Hong Kong Construction Association on “Insolvency & Directors’ Duties and Liabilities in Financially Troubled Companies”, Hong Kong, June 2020
• Speaker in Conference co-organised by the Department of Justice of Hainan Province and the Department of Justice of Hong Kong on “Hybrid Approach of Mediation and Arbitration”, Hainan, Mainland China, August 2019