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FIONA CHAN

PARTNER

fionachan@dehenglaw.com.hk

OVERVIEW

Fiona is admitted as a solicitor of the High Court in Hong Kong. She obtained her double degrees in Bachelor of Business Administration (Law) and Bachelor of Laws as well as Postgraduate Certificate in Laws (PCLL) from the University of Hong Kong. She has also completed the Master of Laws programme of the Renmin University of China and passed the Guangdong-Hong Kong-Macao Greater Bay Area Legal Qualification Examination. She is appointed as a Civil Celebrant of Marriages.

 

Fiona specialises in civil and commercial litigation and dispute resolution, covering disputes with cross-border or Mainland China elements. She has experience handling a broad spectrum of contentious matters, including shareholder disputes, contractual disputes, fraud and asset recovery, debt recovery, insolvency, enforcement of Mainland and foreign judgments, defamation, land disputes, construction disputes and urgent applications for interlocutory injunctions. Her experience extends to probate matters, matrimonial proceedings, personal injury claims, guardianship and mental health proceedings. She has also been involved in various arbitrations in Hong Kong and Mainland China under various arbitration rules such as HKIAC Administered Arbitration Rules and CIETAC Arbitration Rules.

WORK HIGHLIGHTS

​Commercial Disputes:

  • Defending a prominent entrepreneur and his information technology company 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.

  • 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.

  • 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.                                   

 

Cross-Border Disputes:

  • 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 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 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.

 

Arbitration:

  • Acting for the Mainland subsidiaries of a renowned Hong Kong mattress manufacturer and supplier in a Hong Kong-seated arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules for a claim of approximately RMB138 million for breach of a Share Transfer Agreement and Assignment(s) of Debts against various Mainland companies.

  • Acting for a Chinese state-owned enterprise in a Beijing-seated arbitration in accordance with the CIETAC Arbitration Rules for defending a sale of goods dispute involving choice of law and forum issues.

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