Pamela Kung

Practice Areas

Financial Services

Islamic Finance

Capital Markets (Debt)

Private Client & Family Business

China Desk

Career

Pamela’s practice covers a broad range of banking and debt capital market transactions including acquisition financing, project financing, structured lending, real estate financing, corporate loans, trade facilities, Islamic financing, issuance of corporate bonds and Sukuk. She advises lenders as well as borrowers across a wide spectrum of cross-border and domestic, bilateral and syndicated, loan and financing transactions. She also advises on corporate debt restructuring. In addition, she provides regulatory advice on exchange control regulations, banking and financial institutions regulations, finance and securities laws.

Professional Memberships

•Malaysian Bar

•International Bar Association (IBA)

•Asia Regional Director, World Law Group

Publications

• Doing Business in Asia-Pacific: Malaysia by the Asia-Pacific Regional Forum of the International Bar Association – Chapter 5: Foreign Investment, and Chapter 10: Financing, 1st edition (2020)

• LexisAdvance Practical Guidance Malaysia Commercial Module – Banking Boilerplate Clauses (2021)

Awards

Languages Spoken

English, Malay, Chinese

Experience

• Acted for the joint lead arrangers and joint lead managers in respect of the Islamic medium term notes programme of up to RM4.5 billion in nominal value under the Shariah principle of Murabahah (via a Tawarruq arrangement) by an independent power producer which is a wholly-owned subsidiary of an independent water and power producer listed on the main market of Bursa Malaysia, to finance, inter alia, the exchange with the outstanding Islamic medium term notes issued by the wholly-owned subsidiary of the issuer in accordance with the Shariah principle of Hiwalah.

• Acted as Malaysian counsel for a trust fund of Asian Development Bank as guarantor in respect of the ASEAN green bonds issuance of up to RM150 million in nominal value issued by a solar photovoltaic manufacturer operating in Malaysia, which is 100% owned by a South Korean leading solar power, chemical, and advanced materials company focusing on providing sustainable energy and materials solutions, for financing or refinancing of the new or existing projects in accordance with the issuer’s green financing framework, which is aligned with the ASEAN Green Bond Standards issued by ASEAN Capital Markets Forum. It is the first MYR bond guaranteed by the guarantor. The guarantor previously guaranteed the 3-year 1-billion-yuan (US$154.80 million) green dim sum bond by the South Korean company in April 2021 – the first dim sum bond supported and the first green bond guaranteed by the guarantor.

• Acted for the issuers and the borrowers in (i) the medium term notes programme of up to RM1.12 billion in nominal value, (ii) the medium term notes programme of up to RM320 million in nominal value, (iii) the syndicated facilities of up to RM160 million, and (iv) the syndicated term loan facility of up to RM30 million, to finance a large-scale integrated mixed-use waterfront development in Penang comprising a retail mall and convention centre, a hotel, an office tower, and 2 residential towers. The issuers and borrowers are subsidiaries of a joint venture between a Malaysian property development company listed on the main market of Bursa Malaysia and a Singaporean integrated real estate and healthcare company listed on the Singapore Exchange.

• Acted for the lead arranger and principal adviser in respect of the ASEAN Green SRI Sukuk of up to RM470 million in nominal value and junior bonds of up to RM120 million in nominal value by an independent power producer to part-finance a hydroelectric energy generating facilities in Sabah, which comply with the ASEAN Green Bond Standards issued by ASEAN Capital Markets Forum and the Sustainable and Responsible Investment (SRI) Framework issued by the Securities Commission Malaysia, also referred to as “the world’s first greenfield mini-hydro green SRI Sukuk”.

• Acted as Malaysian counsel for a group of lenders in respect of the term loan facility of up to SGD1.22 billion by a joint venture between a leading global real estate company with a network spanning 112 locations in 29 countries and regions and listed on the Singapore Exchange and one of Malaysia’s leading property developers listed on the main market of Bursa Malaysia. The facility is one of Singapore’s largest green loans to date, and the proceeds from the green loan will be used for the refinancing of the joint venture’s development in alignment with the Singapore real estate company’s sustainable finance framework.

• Acted for a domestic bank in the banking facilities of up to RM440 million granted to a joint venture between a local incorporated power and utilities private company with a Singapore incorporated wholly-owned subsidiary of a South Korean multinational energy solutions provider, to part finance the project costs relating to the design, construction, ownership, operation and maintenance of a large scale solar photovoltaic plant located in Pahang.

Education