Samantha Lau

BARRISTER

Hong Kong Call: 2020
New York: 2021

Samantha graduated from the University of Hong Kong with double first-class degrees in law and government, before attending Harvard Law School for postgraduate studies, where she graduated with a top prize for her graduation thesis. She later served as a judicial assistant of the Court of Final Appeal of Hong Kong, before being awarded the Hong Kong Bar Scholarship. She is also called to the Bar in New York.

Samantha has a wide civil practice with an emphasis on civil and commercial litigation and international arbitration. She has experience handling arbitration proceedings conducted in HKIAC, LCIA and SIAC.

Samantha is able to provide legal advice and conduct hearings in English, Cantonese and Mandarin.

OTHER NOTABLE CASES

Arbitrations

  • HKIAC Arbitration (confidential) Commercial disputes arising from shares purchase agreements and the right to redemption. Led by Douglas Lam SC.
  • HKIAC Arbitration (confidential) Construction arbitration re breach of payment terms in a nominated sub-contractor
    contract. With James Niehorster.
  • HKIAC Arbitration (confidential) Construction arbitration re breach of payment terms in a building renovation contract and disputes on defective construction work. With Patrick Szeto.
  • SIAC Arbitration (confidential) Maritime arbitration re payment of demurrage and outstanding contract price.
  • SIAC Arbitration (confidential) Disputes arising from a turnkey construction contract. Governed by United Nations Convention on Contracts for the International Sale of Goods (CISG) and the law of the Singapore.
  • ICC Arbitration (confidential) Commercial disputes arising from a sale of flight simulators contract. Governed by New York law
  • HKIAC Arbitration (confidential) Disputes arising from a sale of goods contract.
  • HKIAC Arbitration (confidential) Commercial disputes arising from a non-recourse loan agreement. Resisting an application for stay of proceedings. With Richard Yip.
  • LCIA Arbitration (confidential) Disputes re the mis-selling of investment products. Governed by English law.

Commercial

  • Top One Global Holdings Limited v Su Da & Force Field Limited, HCA 2980/2017 & HCA 406/2018, Court of First Instance. Commercial disputes re breach of warranties in a shares sale and purchase agreement.
  • Hong Kong Great Green Industrial Co., Ltd v Qingxen Trade Ltd, HCA 1776/2023, Court of First Instance. Application for a Mareva injunction on ex parte basis. Led by Paul Shieh SC.
  • Aeneas Capital Limited & Ors v Cheung Wing Tsz, HCA 655/2021, Court of First Instance. Commercial disputes re breach of an investment agreement and a settlement agreement, misrepresentation, defamation and malicious falsehood.
  • Choi Hon Cheung v Chan Chong Man [2024] HKCFI 538, HCA 1295/2022, Court of First Instance. Breach of a loan agreement. Resisting an application to set aside leave to serve out of jurisdiction and to stay proceedings on the basis of forum non-conveniens. With Richard Yip.
  • Wong Cheung Lok v Mutual Benefits Enterprise Limited, HCA 1264/2023, Court of First Instance. Application for a proprietary injunction.
  • Re Tse Tong Lam Antonio, HCB 1314/2023, Court of First Instance. Resisting a bankruptcy petition against the debtor.
  • Wanfu Finance Company Ltd v. Tse Tong Lam Antonio & Anor, DCCJ 3571/2022, District Court. Money lenders action. Disputes re breach of sections 22, 24, 25 of the Money Lenders Ordinance. Resisting an application for summary judgment for breach of a loan agreement.
  • William Wong v Wong Shing Wai & Wong Shing Wah, HCA 1367/2020 HCA 1469/2021, Court of First Instance. Commercial disputes over management of real estate development business. Application for a proprietary injunction on ex parte basis. With Richard Yip.
  • Canara Bank v Excel Triumph Ltd & Anor [2021] HKCFI 3747, Court of First Instance. Resisting an application for summary judgment for breach of a loan agreement and a guarantee agreement. With Simon Wong.
  • Klaus Wolfgang Hofmann v. Asia Today Limited, HCA 1192/2018 & HCA 2492/2018, Court of First Instance. Disputes re breach of an employment contract, breach of fiduciary duties and tort of conspiracy. Resisting an application for stay of proceedings on the basis of forum non-conveniens.

Probate and Matrimonial

  • Lau Wai Ling Winnie v Lau Yu Ming David & Ors [2024] HKCFI 354, Court of First Instance. Application to remove and appoint executors under section 33 of the Probate and Administration Ordinance.
  • Re LH & LW [2021] 3 HKLRD 707, Court of First Instance. Application for prior authorisation for expenses intended to be paid under a contemplated surrogacy arrangement under section 12(7) of the Parent and Child Ordinance. With Tim Parker.
  • KYCE v AH, FCMP 15/2015, District Court. Application for variation of maintenance and specific discovery. With Jeremy Chan.
  • SPF v LSY, FCMC 14673/2017, District Court. Application for an attachment of income order. Resisting an application for variation of maintenance.

Land and Building Management

  • Trillion Sino Ltd v Bank of China (Hong Kong) Ltd & Anor, HCA 1514/2022, Court of First Instance. Disputes re water leakage, nuisance, breach of a tenancy agreement and DMC.
  • Pacific Treasure Corporation Ltd & Ors v. The Incorporated Owners of Ngan Fai Building & Anor, HCA 3051/2015, Court of First Instance. Disputes re water leakage, nuisance, negligence and breach of DMC.
  • MTR Corporation Ltd v Kissbaby Company Ltd, HCA 853/2022, Court of First Instance. Disputes re a breach of tenancy agreement. Resisting an application for summary judgment.
  • 雅都花園業主⽴案法團 及 樂福澤鑫有限公司 [2023] HKLdT 36, Lands Tribunal Trial of breach of DMC for failure to contribute to renovation expenses.
  • 雅都花園業主⽴案法團 及 吳恩誠 及 謝刻克 [2024] HKLdT 41, Lands Tribunal. Trial of breach of DMC and house rules for altering the external appearance of the building.

General Civil

  • Liu Hua v Dr. Lau Chu Pak & The Hong Kong Sanatorium & Hospital Ltd [2023] 5 HKLRD 408, Court of Appeal. Resisting an appeal against dismissal of third party discovery application. With Simon Wong.
  • Li Mei Lee Angel v Amaze Mobile Media Ltd, HCLA 13/2023, Court of First Instance. Application for leave to appeal against the decision of Labour Tribunal.
  • Loretta Wong v Emily Chang, DCCJ 1984/2022, District Court. Defamation claim and PDPO claim.
  • Shek Yuet-Hey v Leo A. Deocadiz & Daisy Catherine L. Mandap, DCCJ 777/2024, District Court. Defamation and malicious falsehood claim against a local newspaper over a news report of a criminal trial.

Public Law / Judicial Review

  • Chen Wencan & Anor v Secretary for Justice and Securities and Futures Commission [2023] HKCFI 796, Court of First Instance; Court of Appeal Judicial review challenge to the constitutionality of the Restriction Notice regime under the Securities and Futures Ordinance. Led by Jin Pao SC.
  • Lai Chee Ying v Commissioner of Police [2022] 5 HKLRD 205, Court of Appeal. Judicial review challenge to warrants obtained under the Implementation Rules of NSL. Led by Robert Pang SC.
  • Lai Chee Ying v The Committee for Safeguarding National Security of the HKSAR & Anor [2024] HKCA 400, Court of Appeal. Judicial review challenge to the decision of the NSC refusing the ad hoc admission of Mr. Tim Owen KC. Led by Philip Dykes SC.
  • Kamran Javid v Permanent Secretary for Security [2023] HKCFI 1944; CACV 250/2023, Court of First Instance; Court of Appeal. Challenge to the PS for S’s decision refusing to re-suspend the deportation order of the applicant. Led by Philip Dykes SC. With Tim Parker.
  • Mohammad Salmon Hossain v TCAB & DoI, HCAL 1433/2021, Court of First Instance. Appearing on behalf of the Official Solicitor in a challenge against TCAB’s decision refusing the non-refoulement claim of a 5-year-old child of an inter-faith married couple from India.
MORE CASES

EDUCATION:

  • LLM, Harvard Law School
  • PCLL, University of Hong Kong
  • LLB (First Class Honours), University of Hong Kong
  • BSS (Govt & Laws) (First Class Honours), University of Hong Kong

SCHOLARSHIPS AND PRIZES

  • Bar Scholarship
  • Harvard Law School Writing Prize
  • Dean’s Honours List
  • CompliancePlus Consulting Limited Prize
  • Philip KH Wong Foundation Scholarship
  • Serena Yang Award

APPOINTMENTS

  • Judicial Assistant (Court of Final Appeal)

PUBLICATIONS

  • Co-author, Countering the Regional Trend of Recognising the Equal Enjoyment of Socio-economic and Fundamental Rights for the LGBT Community (International Bar Association)

LINKEDIN

Samantha’s LinkedIn page can be found here.