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Joy Lam

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Joy Lam is a registered foreign lawyer in Baker McKenzie’s Hong Kong office and a member of the Firm's Financial Services Group. Joy's practice focuses on advising clients within the virtual assets ecosystem in relation to virtual asset funds, tokenized funds, non-fund tokenized offerings, and the complex and rapidly evolving regulatory requirements for providing infrastructure that services the virtual assets ecosystem. Joy’s representative experience includes advising on Asia’s first open ended tokenized fund, Asia’s first closed ended tokenized fund and securing the first approval from Hong Kong’s Securities and Futures Commission for a 100% virtual assets fund that permits subscriptions and redemptions to be effected in the form of virtual assets. She also advises on a wide range of traditional fund formation transactions, including real estate funds, private equity funds and hedge funds and advises on fund related corporate matters including upstream management and seeding arrangements.

In brief A recent decision by the Court of First Instance in Re Gatecoin Limited[1] ruled that cryptocurrencies are “property” and are capable of being held on trust. This is a welcomed decision, clarifying the nature of cryptocurrencies and the interests of investors when depositing cryptocurrencies with exchanges. Key takeaways The decision affirms the proprietary nature of cryptocurrencies in Hong Kong. The decision has significant implications for players in the cryptocurrency market: The decision offers greater…

In brief In one of the first cases in Hong Kong in which the court has granted freezing injunctions over bitcoins, the Court of First Instance has now handed down judgment in the trial of Nico Constantijn v Stive Jean-Paul Dan [2022] HKCFI 1254. The court held that the defendant acted as the plaintiff’s sales agent in respect of the plaintiff’s bitcoins. The court found the defendant had breached his fiduciary duties in failing to account to…