Represented a leading European furniture retailer in its claim at the High Court to recover traceable proceeds of organized online fraud from local and overseas recipients of multiple layers. This proprietary tracing exercise was conducted in collaboration with various banks and the enforcement authorities. Court orders in aid of tracing were urgently obtained during the General Adjournment Period, as a result of the COVID-19 pandemic.

Represented a Chinese listed company manufacturing mobile phones to defend a claim by a bank in Kuwait for wrongful conversion and receipt of money held on constructive trust for the bank. A Mareva injunction application was taken out by the bank against our client for freezing of the amount had and received. The bank’s application was successfully struck out by our firm for lack of particulars and evidence.  

Represented a Chinese listed company in the digital video industry to commence an international arbitration against an Indian company and its guarantor for breach of contract. Pursuant to the arbitration clause, the arbitration was conducted at the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with Hong Kong law. Indian lawyers were engaged to provide expert opinion on the validity of the corporate guarantee agreement. 

Represented a leading Italian steel supplier to claim against an Austrian steel trader in an international arbitration concerning a sale and purchase of steel coils transaction. The arbitration was administrated at the HKIAC under Hong Kong law by agreement. An expert witness was engaged to give evidence on causation of damage on the steel coils and market trend of the steel price in Europe. Obtained the full amount claimed in the arbitral award together with costs on an indemnity basis in the subsequent taxation proceedings. 

Represented a group of inter-dealer brokers to defend a HKD 60 million claim by their ex-employer, a multinational brokerage firm, for their breaches of restrictive covenants, conspiracy to cause economic loss, failure to repay discretionary and sign-on bonuses, etc. Forensic accountants were engaged to extract evidence from the electronic devices in the discovery process. The ex-employer was forced to settle after reviewing the evidence from clients. 

Represented a private land owner company which constructed a large-scale columbarium in Lantau Island to sue against the Government for wrongfully exercising its re-entry power pursuant to the Land Grant. Judgment was granted in favor of client after trial together with costs against the Government. The Government subsequently appealed to the Court of Appeal (“CA”). The appeal was dismissed by the CA and the land was repossessed by the client for further development.

Represented a listed real estate developer to defend a claim of misrepresentation in a first-hand property transaction. The Plaintiff alleged that the sales brochure contained misleading statements, which caused her to believe that her unit would enjoy the sea view permanently without any obstruction.  The Plaintiff’s claim was dismissed by the Court after trial and substantial legal costs were recovered. 

Represented a statutory public corporation to sue the owners of a private lot for wrongful encroachment of some land vested by the Government, which was located on a slope. Adverse possession was raised as a defense against client’s claim.  As some unauthorized structures, including a swimming pool and various retaining walls, were built on the encroached area, an interlocutory injunction was obtained compelling the owners to undertake the demolition works. The Defendants admitted liability after complying with the injunction order and delivered possession of the encroached area to client. Substantial legal costs were recovered.

Education

PCLL, University of Hong Kong

LLB (Hons), University of Hong Kong

Experience

Partner, Jingtian & Gongcheng LLP

Partner, Kao, Lee & Yip

Associate/Consultant, Pinsent Masons

Governmental Counsel, Department of Justice

Admissions

Hong Kong

England and Wales

Clare Lee is a Partner of Jingtian & Gongcheng LLP. Based in the Hong Kong office, she was previously a Partner at another law firm of its Dispute Resolution practice. Her previous experience includes serving as a Consultant at an international law firm and as Government Counsel for the Hong Kong Department of Justice.  

Clare’s practice includes commercial disputes and arbitration, land, building management and tenancy disputes, restructuring and insolvency, regulatory investigations and judicial reviews. In her previous role, she represented mainland Chinese, Hong Kong, and international companies on their claims relating to commercial transactions, as well as defense of claims against her clients.  

In addition to her dispute resolution capabilities, Clare also brings a wealth of experience in Bankruptcy, Restructuring and Insolvency. Her experience in this area includes representing her clients   to commence numerous winding up and bankruptcy proceedings against its debtors, as well as advising liquidators and creditors on their various Hong Kong and cross-border issues. 

Clare studied law at the University of Hong Kong.  She is qualified as a solicitor in Hong Kong and England and Wales. She is fluent in Mandarin, English, and Cantonese.