2011年11月30日星期三

Movers And Sheriff’s Deputies Refuse Bank’s Order To Evict 103-Year-Old Atlanta Woman

Movers And Sheriff’s Deputies Refuse Bank’s Order To Evict 103-Year-Old Atlanta Woman: pYesterday, a Deutsche Bank branch in Atlanta had requested the eviction of Vita Lee, a 103-year-old Atlanta woman, and her 83-year-old daughter. Both were terrified of being removed from their home of 53 years and had no idea where they’d go next. But when the movers hired by the bank and police were dispatched to [...]/p

立法會否決修訂專業投資者定義的議案

立法會否決修訂專業投資者定義的議案
[16:15] 2011/11/30

【on.cc 東方互動 專訊】 立法會否決甘乃威議員提出,修訂證券及期貨規則有關「專業投資者」定義的決議案。修訂建議「專業投資者」為每年進行交易不少於40次,並且活躍交易2年以上。甘乃威指,部分雷曼迷債苦主因被界定為「專業投資者」,未能在回購方案中受惠。多名議員認為證監會正就修改定義作諮詢,反對有關修訂。

財經事務及庫務局局長陳家強反對修訂,指建議可能導致要在證券及期貨條例作相應修訂,且由於有關修訂會導致刑事制裁,草擬條文要與法定條文水平相符,以提供高度法律確定性

Occupy’s next frontier: Foreclosed homes

Occupy’s next frontier: Foreclosed homes

匯賢智庫

匯賢智庫

一個標榜人權法治的政黨最近在區選大敗,於是有人擔心港人的核心價值有變,不像過往一樣重視法治和人權。我認為並非如此,相信大部分港人仍深明法治乃香港繁榮穩定的基石,只是不願支持一些擴大少數人利益而影響大多數人以至整個社會的舉措。

法治(rule of law)無疑對社會十分重要, 因此應該認真探究其意義,而非把「法治」當作教條或口號。我不曾修讀法律,幸好最近史丹福大學法學院院長Larry Kramer 教授訪港與校友交流,我也有參加。

史丹福法學院學生人數比哈佛法學院少,但總是名列美國最佳法學院三甲。Kramer 教授於布朗大學以優等成績畢業,之後在芝加哥大學完成法學博士課程。他專長研究憲法和法律史, 亦為美國哲學學會成員,博學多才。

Kramer 教授跟校友談到法治的意義。他認為,法治對不同人來說具有不同意義(it means different things to different people),沒有一個放諸四海皆準的界定方法。然而,法治有幾個不可或缺的特質。首先,法治應保障人身安全(physical security)。去年史丹福法學院師生到東帝汶協助推動法律教育,體會到當地社會仍然不穩。東帝汶於2002年獨立後,流血事件隨處發生,軍人和警察未能維持社會秩序,士兵甚至索性躲在軍營不管。一方面,法治不彰,社會秩序難以維持;另一方面, 局勢動盪, 法治難以建立。法治制度和社會秩序(law and order)其實互為因果,缺一不可。

此外,法治應保障私有財產。現代英美法治萌芽,與產權概念有莫大關係。法治的作用之一,是保障私有財產和合約履行,促進經濟發展。

當然,法治亦用以保障其他權利。

至於包括哪一些權利,以及誰人享有哪些權利,則往往因時因地而異,但也有一些是基本人權,Kramer 教授特別強調不同性別都應享有與生俱來的同等權利(gender equality)。

若要實現法治,政府必須嚴謹遵守法律規範(legal norms),例如維護正當法律程序(due process),確保所有人獲得尋求公義的機會(access to justice)。早前有議員問到近年司法覆核所涉及的法援金額,一些法援個案訟費不菲。儘管如此,為了確保缺乏經濟能力的人可以尋求公義,法援制度有必要保留。不說不知,原來訴訟繁多的美國在這方面的表現並不理想,僅處於已發展國家的中下游。

匯賢智庫

匯賢智庫

人權法治面面觀(下)

作者:葉劉淑儀女士
來源:明報
2011年11月27日
早前, 史丹福法學院院長Larry Kramer 教授訪港,分享他對法治的看法。席上有人問到, 普通法(common law)和大陸法(civil law,或稱continental law)有何分別。
有些人誤以為普通法比大陸法更符合法治精神。Kramer 教授指出,兩大法系在這方面並無分別。1066年,法國諾曼第公爵攻佔英格蘭,由於管治者遠少於當地人( 即Anglo-Saxons),不能把歐洲大陸的法制硬搬到當地,於是在建立法制時沿用許多當地慣例,成為普通法系的雛形。扎根於當地人習俗的法律便逐漸發展為普通法。

院長認為,不論行哪一種法制,若要建立健全法治,均需從文化和教育著手,法律專業教育是極其重要的一環。基於這個信念,史丹福法學院到發展中國家協助推行法律教育,為當地培訓法律人員。Kramer 教授強調,到外國參與發展法治的項目時,絕不能抱持高高在上的心態,因為每個地方都有其獨特的歷史和價值觀,法律制度也不可能一成不變,所以應該保持求同存異的態度,和當地人衷誠合作。這位法律學者的確胸襟廣闊。
另外,Kramer 教授深信法律人員需要跨學科知識。我非常同意。在美國,大學生通常先修讀哲學、政治科學等本科課程,奠定廣闊的人文學科基礎後,方才接受法律教育。例如要了解英美法治精神,不得不看兩位英國思想家的著作。霍布斯(Thomas Hobbes)在1651 年寫成《利維坦》,指強大的政府是維持社會秩序所需的「必然之惡」;而洛克(John Locke)則認為,政府只有能夠保障個人的自然權利,方可維持其合法性。這兩套學說闡明了法治的兩個主要作用——保障權利和維持秩序。

除此之外,科技知識對法律人員也有用處。舉例說,如果對科技發展一無所知,又怎能處理日趨複雜的知識產權糾紛?因此,Kramer 教授擔任史丹福法學院院長後,改革學院的法學博士課程,加入生物工程、環境科學、電腦科學等元素。

在香港以及許多地區,有志投身法律界的年青人,通常於中學畢業後就修讀法學士。Kramer 教授和我都認為,如果資源許可,應該讓大學生先修讀其他科目,本科畢業後才進法學院。律師處理的不光是法律問題,也是複雜的社會問題、家庭問題或商業問題。因此,累積一些社會經驗後,方考取律師資格,實較為理想。

訂立《競爭法》刻不容緩

訂立《競爭法》刻不容緩
香港在英治年代奉行自由主義的管治哲學, 對市場競爭採行「放任政策」,政府的角色是管得愈少便愈好。

經歷一百五十多年,英國本土的「自由放任」政策因為不受干預,造成的社會貧富差距已惡化到侵害政治安定,政府於是進行有計劃有系統的「社會福利措施」。

可是「放任政策」一發不可收拾,整個西方國家均爭先恐後效法,觸發了惡化競爭。1914 爆發的第一次世界大戰的其中一個根源,正是因為各國抗拒他國進入本國市場,紛紛制訂「關稅壁壘」,令到市場受到擠壓,甚而窒息;一些國家便希望藉戰爭打敗對手,佔有其市場。這辦法最終導致兩敗俱傷,1918 年只好匆匆停戰。



「消費恐龍」吞噬世界

在此之後,惡性競爭仍然有增無減,到1929 年發生的世界性「經濟大蕭條」,市場徹底崩毀,連最基本的糧食市場也全面停頓。這一下,世界被迫非要修正自由主義與其「自由放任」政策不可,由美國總統羅斯褔領導改革的「新政」(New Deal)終於出爐。在此改革下,原來政府採行「最少干預」的原則,修改為「在適當的時候作出適當的干預」。

不過,自由市場的困境由政府全不干預走到適當干預,由壓低工資來提高利潤,到提高工資擴大市場的改革,是否已經出現困境?美國與歐洲的金融破產危機,是全民大消費的惡果。問題是,富國破產,卻要由經濟落後的窮國救援,這豈非本末倒置?

了解過世界大局後,現在倒過來看看香港的「自由主義」。這主義源自英美,英美已經有了連串改革,香港卻依然給佛利民(Milton Friedman)譽為「自由市場的最後堡壘」。乍聽起來,不禁令人飄飄然。

當全世界都正在罵「芝加哥經濟學派」的今天,認為自「新政」之後再把「自由主義」還魂的正是這門學派,它提倡盡一切能量擺脫政府對經濟的干預,無孔不入地開發消費市場,終於把「消費恐龍」養大到為害世界。問題是,在全球「消費恐龍」再度絕後,香港仍能成為這恐龍的最後樂土嗎?

答案其實毋須多言。

香港討論制訂《競爭法》已有多年,就是始終議而不決。自「雷曼兄弟」這家奉行市場競爭、不擇手段的投資銀行闖下大禍後,港人受其害者的人數位居亞太地區的首位,有超過四萬多名香港投資者購買二百億港元與「雷曼兄弟」有關的結構性金融產品而蒙受巨大損失。



立法瞄準失序行業

這說明香港早已成為「經濟放任」之都,成為各行各業投機取巧的大本營;而普羅市民對「行業霸權」、「大財團」的印象也愈來愈差,甚至覺得政府偏向財閥利益。

歐美國家早已對此有所警惕,相繼制訂各款規範「競爭」的法律,例如美國著名的《反壟斷法》早於十九世紀末已開始一系列立法。雖然香港奉行自由貿易,但面對不斷增添的市場壟斷風險,以及由此伴隨而來的沸騰民怨,訂立《競爭法》實已刻不容緩。

制訂《競爭法》當務之急,須作針對性立法,找出市場競爭最失序的行業,訂出公平競爭應有的法則。過去長期以來,有目共賭的競爭失序行業,如超市壟斷、地產發展、金融投機、公共交通、飲食業集團化,以及眾多服務業的壟斷等等,都是由財雄勢大的集團「淘汰」同行,最後壟斷市場,對消費者予取予攜。

因此, 如果能針對性地訂立《競爭法》,限制業界不理性地牟取暴利的現象,雖未必能一下子徹底解決,但長遠而言,香港社會和市民將會因此而得到一個更公平合理的營商競爭環境,以及一個更有選擇、更有活力的多元消費市場。

作者為大舜政策研究中心智囊

周廷鍔

2011年11月27日星期日

PEACEFUL FEMALE PROTESTORS PENNED IN THE STREET AND MACED!- #OccupyWallS...

2011年11月25日星期五

失職唐英年

唐英年有很多財金界朋友接獲的21,836宗雷曼兄弟相關投訴個案當中,631宗(包括迷你債券的投訴)正進行紀律程序;133宗個案的調查工作已完成,正在審議中;餘下的93宗個案仍在調查中,財金界重量級人物支持唐英年,至銀行將複雜的結構性衍生產品推銷給不合適的銀行存款客戶所至;是銀行在銷售過程中系統性地違反證券銷售的《操守準則》所至,也是證監會及金管局的監管失職所至。

93宗雷曼兄投訴個案仍待處理

【on.cc 東方互動 專訊】金管局宣布,就接獲的21,836宗雷曼兄弟相關投訴個案當中,超過99%已完成調查工作,包括逾1萬5千宗個案達成和解協議;超過2千9百宗透過加快投訴處理程序解決;逾2千2百宗證據不足;631宗(包括迷你債券的投訴)正進行紀律程序;133宗個案的調查工作已完成,正在審議中;餘下的93宗個案仍在調查中。

New Regime for Ascertaining Evidential Requirements for Professional Investor Status

The Securities and Futures (Professional Investor) (Amendment) Rules 2011 (the “ Amended Rules”), which will come into effect on 16 December 2011 , allows greater flexibility for market participants to ascertain whether an investor meets the relevant assets or portfolio threshold so as to qualify as a professional investor.

Introduction

The definition of professional investor and the relevant evidential requirements to ascertain whether an investor meets the assets or portfolio requirements are mainly set out in the Securities and Futures (Professional Investor) Rule s (Cap.571D) (the “Rules”).

On 9 September 2011, the Securities and Futures Commission (the “SFC”) gazetted the
Amended Rules to implement proposals to refine the evidential requirements for ascertaining whether a person meets the relevant assets or portfolio threshold so as to qualify as a professional investor.

The Amended Rules were tabled before the Legislative Council for negative vetting on 12 October 2011 and will come into effect on 16 Decemb er 2011. This article sets out the major amendments under the Amended Rules.

The Consultation Paper issued by the SFC and the Amended Rules

The proposals under the Amended Rules are generally based on the proposals made under
and the public comments received on the Consultatio n Paper on the Evidential Requirements under the Securities and Futures (Professional Inve stor) Rules (the “Consultation Paper ”) issued by the SFC on 4 October 2011. The Consultat ion Paper includes the following proposals:-

1. adoption of a principles-based approach;
2. preservation of existing methods set out in sect ions 3(a) to 3(c) of the Rules;
3. use of “relevant date” as the time reference for ascertaining whether an investor meets the relevant assets or portfolio threshold to quali fy as a professional investor; and
4. extension of the scope of section 3(d) of the Rules.

Principles-based approach

The purpose of the adoption of a principles-based a pproach is to allow market participants to use any methods that are appropriate in the circumstances to satisfy themselves that an investor meets the relevant assets or portfolio thr eshold at the relevant date to qualify as a professional investor. Under the Amended Rules, market participants will be allowed to use any methods to ascertain whether an investor has th e required assets or portfolio so as to qualify as a professional investor in addition to the existing methods as set out in sections 3(a) to 3(c) of the Rules as long as those methods are appropriate in the circumstances and proper records of the assessment process are kept.

In addition, the SFC will not rule out the possibility of accepting self-certification or declaration by an investor as one of the assessing methods. However, this should be restricted only to occasions that are appropriate in the circumstances.

Preservation of existing methods

The existing evidential requirements as to how the value of the assets or portfolio is ascertained under sections 3(a) to 3(c) of the Rules, which include audited financial statements, custodian statements or third party certificates depending on whether the investor in question is a trust corporation, an individual, a corporation or partnership (“Traditional Documentary Proof ”), are to be preserved.

Use of “relevant date” as the time reference

Under the Amended Rules, the SFC uses the “relevant date” as the time reference for
ascertaining whether a high net worth professional investor meets the relevant assets or portfolio threshold. “Relevant date” is defined und er section 2 of the Rules.
For market participants using the Traditional Docum entary Proof to ascertain whether an investor meets the relevant assets or portfolio thr eshold, the Traditional Documentary Proof can be issued some time before the “relevant date”. However, it should be noted that for market participants who elect to use other evidenti ary methods to ascertain whether an investor is to be qualified as a professional inves tor, they should gather documents showing that the investor has the requisite assets or portf olio as at the “relevant date”.

Such amendment is in line with the principles-based approach as it creates flexibility for market participants to take steps that are appropri ate in the circumstances to satisfy themselves that their clients have the requisite as sets or portfolio levels at the relevant date to qualify as professional investors.

Extension of the scope of section 3(d) of the Rules

The scope of section 3(d) of the Rules is extended to include any corporation which is wholly owned by any one or more of any trust corporation a s described in section 3(a); any individual as described in section 3(b); or any cor poration or partnership as described in section (c).

Conclusion

As the principles-based approach is adopted, market participants enjoy higher degree of flexibility to use any methods that are appropriate in the circumstances to satisfy themselves that an investor meets the relevant assets or portf olio threshold at the relevant date. The Amended Rules also extend the scope of investors th at can be qualified as a professional investor.

Reforms to Public Offers of Unlisted Structured Products Regime

Introduction

Following the Securities and Futures Commission (“SFC”)’s publication of the Consultation Paper and Consultation Conclusions on Possible Reforms to the Prospectus Regime in the Companies Ordinance (Cap. 32) (“ CO”) and the Offers of Investments Regime in the Securities and Futures Ordinance (Cap. 571) (“ SFO”) in October 2009 and April 2010 respectively, the Securities and Futures and Companies Legislation (Structured Products Amendment) Ordinance 2011 (“ the Amendment Ordinance ”) was passed at its Third Reading by the Legislative Council on 4 May 2011 and came into effect on 13 May 2011.

Regulation of Unlisted Structured Products under the SFO

Before the Amendment Ordinance was enacted, public offers of unlisted structured products in the form of a share or debenture are regulated under the CO regime, while public offers of unlisted structured products in a legal form other than a share or debenture are regulated under the offers of investments regime in Part IV of the SFO. After the enactment of the Amendment Ordinance, public offers of all unlisted structured products are now regulated under the SFO regardless of their legal form, while the offers of ordinary shares, preference shares and plain vanilla debentures (e.g. fixed rate bonds, zero coupon bonds, promissory notes) will continue to be regulated by the CO prospectus regime so long as they do not contain any derivative element.

New Definition of Structured Product

Under the new definition of “structured product” in the SFO, “structured product” means:
(a) an instrument under which some or all of the return or amount due or the method of settlement is determined by reference to one or more of-
(i) changes in the price, value or level of any type or combination of types of
securities, commodity, index, property, interest ra te, currency exchange rate
or futures contract;
(ii) changes in the price, value or level of any ba sket of more than one type, or
any combination of types, of securities, commodity, index, property, interest
rate, currency exchange rate or futures contract; or
(iii) the occurrence or non-occurrence of any specified event(s);

(b) a regulated investment agreement; or
(c) any interests, rights or property prescribed, or of a class or description prescribed, by notice under section 392 of the SFO as being regarded as structured products in accordance with the notice.
Examples of “structured products” under the new definition would include equity linked notes, credit linked notes, equity linked deposits and equity linked instruments.

The following are specifically excluded from the definition of “structured products”:

1. a debenture issued for capital fund raising purposes that is convertible into or
exchangeable for shares of the debenture issuer or its related corporation;
2. a subscription warrant issued for capital fund raising purposes that entitles the holder to subscribe for shares of the warrant issuer or its related corporation;
3. a collective investment scheme (i.e. funds);
4. a depositary receipt;
5. floating rate note(s);
6. employee incentive schemes; and
7. insurance contracts in relation to any class of insurance business specified in the First Schedule to the Insurance Companies Ordinance (Cap. 41). SFC’s Authorisation Required

Under the new Section 104A of the SFO (which is similar to Section 104 of the SFO for
collective investment schemes), all unlisted structured products that are to be offered to the retail public would need to obtain SFC authorisation. SFC authorisation will depend on compliance with the codes and guidelines published by the SFC, which include Section IV (Code on Unlisted Structured Investment Products) of the SFC Handbook for Unit Trusts and Mutual Funds, Investment-Linked Assurance Schemes a nd Unlisted Structured Investment Products.

CO Safe Harbours No Longer Available

Following the amendments to the SFO and the CO, the two commonly relied on “minimum
denomination HK$500,000” safe harbour and the “no more than 50 persons” private
placement safe harbour contained in the CO would no longer be available to public offers of unlisted structured products. This has caused uncertainty as to what constitutes “public offers” as the SFC has refused to give guidance on this matter.

Available Exemptions After Amendment

Professional Investors Exemption

Although the CO safe harbours are no longer available, there remains the professional
investors exemption under Section 103(3)(k) of the SFO which exempts any advertisement, invitation or document made in respect of securitie s or structured products, or interests in any collective investment scheme, that are or are intended to be disposed of only to Professional Investors.

Authorised Financial Institutions Exemption

Any advertisement, invitation or document made in respect of the issue of a currency-linked instrument, an interest rate-linked instrument or a currency and interest rate-linked instrument by an authorised financial institution ( Section 103(3)(ea) of the SFO) are also exempted as they are generally regarded as banking transactions or treasury instruments of banks.

2011年11月24日星期四

慎防虛擬資本過度膨脹

支持唐英年做特首任志剛對商業銀行金融產品的監管最為寬鬆, 使海外「虛擬資本」的規模不斷膨脹,直接影響香港金融風險不斷增加


作為亞洲國際金融中心的香港,近年來「主體經濟」缺乏發展動力,反而投機性的「虛擬經濟」活動加劇,使「虛擬資本」的規模不斷膨脹,直接影響金融體系的穩定,風險也不斷增加。

銀行所發行的有價證券,例如窩輪、牛熊證、高息票據(ELN)、債務抵押證券(CDO)等,絕大部分都是一種「虛擬資本」,因為它們沒有黃金保證,也沒有資產作抵押,便能夠以「紙製複本」或「電子複本」不斷地進行複製,然後向投資者銷售。

「虛擬資本」的價格是由人們的「心理預期」所產生的,例如人們對股票看漲,股票的價格就會上升,從而衍生出股票期權、指數及期貨等合約,即同一套的「資產」其相對應的複本就有幾千套或幾萬套的「虛擬資本」,並可以在市場上進行交易。所以,對於銀行來說,創造及複製「虛擬資本」是幾乎沒有成本的,絕對是一種高回報的生意。

金融波動影響全局

所以,投資於窩輪、牛熊證、高息票據或債務抵押債券等,並不是投資於股票、黃金、債券等資產,而只不過是持有一種「虛擬價值」的權益。例如「窩輪」的相對應資產是股票,如果恒指上升,持有「認購證」就有錢賺,持有「認沽證」則會輸錢。

但是,由於「虛擬資本」只是由信用制度來支持,當市場上產生「信用恐慌」時, 「虛擬資本」的價格就會發生波動,如果「信用恐慌」越滾越大,局部的金融波動,就會演變為全局的信用危機。如果銀行倒閉(例如雷曼兄弟破產), 「虛擬資本」便會一文不值。

「信用危機」和「信用膨脹」在資本主義制度中,是一種周期性的循環。在「信用膨脹」時,「虛擬資本」是以倍數地增值及複製,把「虛擬資本」的價格推高到無以為繼的境地,並引發投機泡沫破滅,從而產生「信用危機」, 「虛擬資本」的價格急跌及萎縮,並最後造成金融局面一片恐慌,銀行倒閉或公司破產,市場在付出巨大代價之後才恢復平衡。虛擬經濟是一個龐大的經濟體系,它包括銀行業、保險業、證券業、債券業及信貸業等,其間存在密切的債權及債務的聯繫,一旦某個金融機構出現問題,就會形成一種「連鎖反應」,從而引發金融危機的爆發。儘管金融危機的誘因和規模不同,主要都是由「虛擬資本」的過度膨脹所形成的。

追求快速致富是發生金融狂熱的原因,歷史的記載一次又一次地證明,投資者常常是非理性地追求「虛擬財富」。「虛擬財富」就是由虛擬資本所創造的一種「紙上財富」,它是基於一種心理預期和賭博心理所產生的。在相反的心理預期未形成以前,市場上就不乏「接棒者」,不少人就已經把風險拋諸腦後。

雷曼迷債教訓慘痛

雖然許多香港人在遭受「雷曼迷債」的慘痛教訓後,的確對金融投資變得更加小心謹慎了,可是一旦新的「投資熱」出現時,就無疑會把謹慎拋到九霄雲外,而近期的窩輪及牛熊證熱炒,就是一個明顯的例子。

本港窩輪及牛熊證的近期成交,竟然佔大市的41.37%,創下歷史新高,使香港成為全球最大和最多散戶參與「虛擬資本」買賣的地區。炒家只需用少量金錢,便可進行相關的買賣,也不用付印花稅,透過槓桿作用,有可能使回報高達5 至10 倍,甚至50 倍,這完全符合散戶「以小博大」的心態。

但是,窩輪和牛熊證不同於股票,它們只不過是一種「虛擬價值」的證券,股票跌價仍可以長,指望有日反彈回升。但是, 「虛擬資本」的交易是有條件限制,例如發行商會設定回收價,如果市場在到期日前觸及回收價,牛熊證就會淪為一張廢紙。今年9 月26 日,恒指突破17000 點,就有7.9 億元的「牛證」化為烏有,發行商則袋袋平安。

截至今年8 月底,窩輪和牛熊證的數目分別達到4876 和652 隻,再加上ETF、ELN、Accumulator 和各式各樣的投資基金,使香港變成一個國際的「金融賭城」,投機活動不斷增加。

控制資本健全制度

銀行為了追求快速的盈利增長,也拋棄傳統業務中的謹慎原則,從而參與更高風險的「虛擬資本」之創造、分配、交易及銷售。「虛擬資本」的種類及規模之不斷發展,各種金融服務機構如雨後春筍,不斷湧現,誘使更多人對「虛擬財富」的追求,風險不斷增加。

香港目前是全球金融市場最自由的地方,對金融產品的監管最為寬鬆,因而吸引大批海外「對沖基金」的進駐,在市場上興波作浪。今年10 月1 日的黃金周,港股激烈震盪,先是大跌8%,而後又大漲9%,這種大上大落的波動,極容易造成金融體系的不穩定。

面對投機活動的不斷增加,有業界代表建議向窩輪及牛熊證等徵收「交易稅」,與股票印花看齊,同時要求禁止沽空,以防止港股繼續下滑。

但是,徵收「印花稅」就等於趕散戶離場,因窩輪及牛熊證等,都是他們目前唯一可以作為對沖風險的工具。此外,韓國在禁止沽空後,股票市場更是一片死寂。所以,港府最重要的措施,就是要控制「虛擬資本」的繼續膨脹,這包括:(一)降低及控制衍生工具的槓桿比例;(二)實施保證金制度,使發行商不能濫發證券;(三)禁止商業銀行向散戶銷售複雜而高風險的金融產品;(四)對大額沽空的交易徵收「交易稅」,以防止大戶的大量沽空;(五)要求發證的銀行提供資產抵押品,不能隨便複製虛擬資本。

作者為亞洲知識管理學院院長

Tang and Yam both allow derivative products to be sold in HK without supervisions in HK banks

Both Tang and Yam were involved in sex scandal during the time they were working together and so Yam supports Tang the man, says Yam

Diana Lee HK Standard

Friday, November 25, 2011



Henry's the man for the top job. That's the verdict of Hong Kong's ex-banking chief Joseph Yam Chi-kwong on the SAR's next leader.
Henry Tang Ying-yen is an experienced helmsman who can steer the city through possibly stormy waters should he become the next chief executive, the former Hong Kong Monetary Authority chief said yesterday.

But Yam dismissed suggestions he may be appointed financial secretary, saying he is not prepared to take a full- time job in the private or public sector now he is retired.

"But if I have the opportunity, or if he seeks my advice, I would be willing to play a supporting role in his election campaign and his policymaking," Yam said.

"After all, my heart is with Hong Kong and the interests of the people of Hong Kong."

Yam - speaking after being conferred with an honorary doctorate in business administration by Shue Yan University - spent three minutes lauding Tang and pointing to the "seamless" cooperation they enjoyed when Tang was the financial secretary.

"He is a talented leader, knows how to choose the right person for the right post, has foresight and will be fully prepared to tackle any unexpected crisis," said Yam.

"More importantly, he is prepared to tackle difficult situations. I am sure he will be a leader who can fight for, protect and enrich public interest.

"In making and executing policy, Tang is also experienced and patient when solving controversial issues, facilitating consensus and arriving at the best deci
sion in the interests of the people of Hong Kong. "Also, I am confident he can lead civil servants in properly carrying out policies. He is a man of vision - especially global vision - and is experienced in handling crises." Yam agreed with Tang's earlier warning that Hong Kong might feel the impact of financial instability in Europe and the United States in the years ahead.

"Of course, I do not want to see Hong Kong in danger or crisis. But should this happen we need a helmsman to lead us through such turbulence. We need a stable, talented helmsman to lead Hong Kong. I believe Tang is such a person and I fully support him," Yam said.

He played down Tang's low popularity ratings as a period that every responsible leader has to go through, and dismissed suggestions that Tang was successful as a financial secretary only because the economy at the time was thriving.

"Such remarks are an underestimation of Tang's ability," Yam said. "You can look at his track record to find out how much he did. Also remember that it is always better to be prepared, and when he was the financial secretary we did many things to prepare for any unexpected crisis."

Yam's endorsement came a day after HSBC's local taipan Peter Wong Tung-shun backed Tang's proposed candidacy.

In response to the remarks by Yam, a cheerful Tang said they had been friends for many years. "We also had seamless cooperation with the Monetary Authority, therefore we also had team chemistry."

Tang refused to say if Yam would be a good financial secretary, saying he had first to focus on his election campaign.

Tang has yet to announce his candidacy in the chief executive election. Leung Chun-ying, former convener of the Executive Council, is set to throw his hat into the ring on Sunday.

2011年11月23日星期三

Letter to HK LEGCO about cover up of banks misselling frauds






Concerning today Legco meeting on 22nd Nov. 2011, there are still mis-understanding of non-Lehman Octave Notes with Legco members that Octaves Notes are the same as ELNs that are private placement products. In fact, non-Octave Notes are the same as Minibonds that are approved by SFC to be sold in HK. So from SFC/HKMA agreement with HK banks, non-Lehman Octave Notes should get at least 60% - 70% payment from banks same as Lehman products, but in fact the banks such as Bank of China is paying nothing. So many banks such as Bank of China , Wing Hang Bank have not followed the agreement with SFC and HKMA and there should be punishment for SFC and HKMA for making such a agreement with the banks in order to cover up the banks mis-selling frauds and to harm victims of these products.

2011年11月22日星期二

THE BEST VIDEO ON "OCCUPY THE WORLD"

Analysis: Wall St. banks wonder if they are shrinking for good

By Jed Horowitz | Reuters –

NEW YORK (Reuters) - Wall Street bankers are used to vicious swings in fortunes - it is in their DNA. Make a killing in the good times, they say, because markets may turn against you tomorrow.
The job losses, bonus cuts and clampdown on the size of trading books this time around, though, seem different. It's not just the euro zone crisis, weak loan demand and volatile trading that has hurt profits, but a raft of new and proposed rules aimed at curbing risk and its sometime partner, reward.
Bankers say they can wait out the cyclical economic forces, but they're choking on fears that the new rules will fundamentally change their business models.
"We are constantly reassessing whether we're experiencing something that is secular or cyclical and under what conditions we would act to shrink or change businesses," Morgan Stanley CEO James Gorman said in a quarterly earnings call last month, adding: "We're not myopically focused on our size."
An admission from the head of the second-biggest U.S. investment bank that he's okay with shrinking is an extraordinary recognition of regulatory and market realities, said Roy Smith, a former Goldman Sachs partner who teaches management practice at NYU's Stern School of Business.
A shrinking bank model has huge implications for many things in business - from how speculative and liquid the world's capital markets will remain to whether thousands of freshly minted MBAs -- not to mention veteran bankers -- will find or keep Wall Street jobs.
Gorman didn't expand on what he may do, but Morgan Stanley has joined other banks in outsourcing business functions, firing employees and slimming bonus pools.
He has also been trimming the bank's reliance on capital-consuming capital markets businesses by expanding his bet on the more stable world of old-fashioned retail brokerage. Fees from advising rich people on investments now fuel more than 40 percent of Morgan Stanley's revenue and should grow as the firm acquires full ownership of a joint venture Gorman engineered in 2009 with Citigroup's Smith Barney wealth unit.
UBS AG has gone further. Following some $50 billion of trading losses during the financial crisis and a rogue-trading scandal earlier this year that cost it $2.3 billion, the Swiss banking giant is reverting to a model in which investment banking and trading are becoming adjuncts to its wealth management operations.
Last Thursday, UBS said it will slash risky assets by almost half and cut its return-on-equity target to 12 to 17 percent for 2013 from its earlier 15 to 20 percent range in the face of tough new capital rules and turbulent markets.
"We have chosen to substantially reduce the risk profile of the bank by exiting and downsizing businesses which are not value added to our client franchise or deliver unattractive risk-adjusted returns," said UBS boss Sergio Ermotti.
CAPITAL CONSTRICTION
The number of new rules confronting banks is substantial.
Under new global capital rules, banks have to raise higher levels of equity to absorb potential losses from their risky assets. That can be achieved by either issuing stock and diluting current shareholders, or by reducing those risky assets, or a combination of the two. Either way, the chance of big returns (and big losses) is reduced.
For the biggest the restrictions are most onerous. Global regulators earlier this month named 29 banks so important to the world's financial system that they must have more capital and closer surveillance than rivals. The list, led by 17 lenders from Europe and eight from the United States, includes Goldman Sachs, JP Morgan Chase and Citigroup.
The Volcker Rule embedded in last year's far-reaching U.S. financial reform law, the Dodd-Frank bill, is also reducing banks' profit potential by curbing trading for their own accounts, and limiting both their derivatives operations and ability to own private equity investments.
Banks with big retail lending operations face added constraints from recent rules restricting some credit card charges and capping "swipe fees" that merchants pay banks every time a customer buys something with a debit card.
Yet another threat is the "living wills" that big banks operating in the U.S. will have to write by the middle of next year. They will be used as blueprints for guiding regulators on how to break up the firms if they get into severe trouble. If unsatisfied with a plan, regulators can tell a bank to reorganize or even sell off certain lines of business.
Altogether it's a new world of lower risk and lower potential for reward for almost all banks.
"If you return banks to more fundamental products and edge away from risk, it likely means lower income," said Derrick Cephas, a partner at Weil, Gotshal & Manges LLP who served as superintendent of banks in New York from 1991 to 1994.
Behind the scenes, banks are telling policymakers that the new regime could make them more like low-risk utilities, which would reduce their ability to lend to businesses and consumers and keep global markets liquid.
Of course, Wall Street is no stranger to saber-rattling when government threatens more constraints, but veteran bank advisers say it's more than posturing this time.
"Banks are supposed to be financial intermediaries and risk takers, but it's almost impossible to conceive how they are going to be able to do that or return to former levels of profitability," said Robert Tortoriello, a partner at Cleary Gottlieb Steen & Hamilton who specializes in banks' securities activities. "The weight of thousands of pages of new statutes and rules adds layers of cost and complexity that I haven't seen in 37 years of practice."
The new regulatory regime affects not only big firms but also regional and even community banks whose capital conditions are being closely scrutinized.
For the big Wall Street players, the Dodd-Frank derivatives regulations are another major profit vacuum that is expected to lower fees charged for derivatives trades and increase competition.
"I've never seen anything like this," said Thomas Vartanian, a partner at law firm Dechert LLP, who was general counsel of the Federal Savings and Loan Insurance Corp, an agency that backed savings bank deposits, during the thrift crisis of the early 1990s. "The convergence of regulatory, government and economic forces is unprecedented."
BACKLASH
Critics say big banks have only themselves to blame for the new order. For thirty years, with encouragement from central bankers such as former Fed Chairman Alan Greenspan, the banks built massive trading inventories and profits on the misbegotten theory that they were the "real" economy, said Richard Bernstein, former chief investment strategist of Merrill Lynch.
"Wall Street sort of lost its way," Bill Gross, co-founder of Pacific Investment Management Co., said at a Charles Schwab conference this month. "Investment banking became a function not of allocating capital properly, but levering capital and levering the returns on capital as opposed to transferring capital to productive industries."
Sallie Krawcheck, who was fired as Bank of America's wealth management chief in September, minced no words at a securities industry conference two weeks ago. "Years and years ago, the markets went from being arenas for capital allocation to being betting mechanisms," she said. "We need to step back."
And while a slump in bank share prices can be partly pinned on the euro crisis, the much more restrictive playing field the banks face has been discouraging investors.
The world's ten largest banks that are involved significantly in capital markets activities such as trading have lost about $250 billion of market capitalization since March 30, according to NYU's Smith, as their stock prices have plunged to an average of half book value. Large banks for most of the past decade have traded at a premium to book value.
As of September 30, Bank of America was changing hands at 29 percent of its book value, Citigroup at 42 percent, Morgan Stanley at 43 percent and Goldman Sachs at 72 percent.
Uneasy bank investors are not biting at the values but instead questioning "the core earnings power for the industry," Guy Moszkowski, head of Bank of America Merrill Lynch's financial institution equity research group, said at the company's annual bank conference last Tuesday.
CUTTING THE CORE
Whether the problems are systemic or cyclical, banks are resorting to a familiar short-term solution: cost-cutting.
Bank of America Corp., saddled not only by new capital and consumer protection rules but a warehouse of bad loans and lawsuits, has been selling "noncore" businesses such as credit card operations outside the U.S. and begun a program to excise 30,000 jobs.
"We continue to focus our franchise greatly, narrowing in scope, making sure that everything we do is core," Brian Moynihan, chief executive of Bank of America, the second biggest U.S. commercial bank, said at last Tuesday's conference. "It won't be quite the same as it was at Bank of America and around the industry."
Some bankers, to be sure, say the setbacks won't be as enduring as their colleagues fear.
"We're managing our costs, obviously, but we're not thinking necessarily that there's such a radical, structural change," Goldman Sachs Group Chief Executive Lloyd Blankfein said at the Merrill conference. "We think these businesses are cyclical."
Goldman, which boasted eye-popping returns on equity of more than 33 percent in 2006 and 2007, had a net loss last quarter that shaved its return to shareholders over the first nine months of 2011 to 6 percent. It is now seeking to cut $1.4 billion of annual expenses and is laying off about 1,000 of its 34,000 employees.
Blankfein insisted at the Merrill conference that Goldman can still thrive by using its advisory and market-making skills to help its clients.
Even banks like Goldman and Morgan Stanley with strong advisory muscle, however, are bracing for change.
"The business model is changing and everyone has to figure out how they'll make money in the future," said Vartanian, the former regulator. "Many old avenues of income and capital have been shut off."
(Reporting by Jed Horowitz; Editing by Martin Howell)

2011年11月20日星期日

Obama deploying 20,000 troops inside U.S. to prepare for "event"

雷曼苦主「佔領銀行街」第36日舉辦"中環大遊行"(5)途經「中國銀行(香港)

雷曼苦主「佔領銀行街」第36日舉辦"中環大遊行"(5)途經「上海商業銀行」

雷曼苦主「佔領銀行街」第36日舉辦"中環大遊行"(5)途經「上海商業銀行」

U.S. money funds seen at risk from Europe's debt storm

U.S. money funds seen at risk from Europe's debt storm
By Mark Felsenthal | Reuters – 3 hrs ago

WASHINGTON (Reuters) - When Lehman Brothers collapsed in 2008 and shattered the belief that U.S. money market funds would never "break the buck," Washington rushed to limit the damage.
But as Europe's debt crisis threatens to put the U.S. financial system under strain again, U.S. policymakers are worried they cannot turn to those same, impromptu tools to shore up the $2.6 trillion money markets industry.
"We've done a lot to prepare the banking sector," Jeffrey Lacker, president of the Richmond Federal Reserve Bank, said on Wednesday. "I'm less confident about the money market funds and their ability to weather major problems at European institutions."
Senior U.S. officials are alarmed by the deepening of the European debt crisis. Its spread to Italy, the euro zone's third-biggest economy, is seen as inevitably leading to spillovers across the Atlantic, in part through the holdings of money market funds of European securities.
Many investors believe money funds are as safe as lower-yielding bank accounts even though it is common knowledge that that they are not backed by the federal insurance that protects bank deposits.
During the chaos of 2008, dozens of money funds struggled to maintain $1 per share, but only one, Reserve Primary Fund, reported a net asset value below that level.
Less well known, and of concern to U.S. officials, is that the money funds cannot count on the protection measures that were pulled together to help them in 2008.
NO EASY OPTIONS
The Treasury Department is barred from reprising a guarantee program under the terms of the 2008 bailout of the U.S. banking system. Congress, which agreed to the bailout only reluctantly, prohibited renewing the program on grounds that it was providing a false sense of security to investors who might expect government protection again in the future.
The Federal Reserve is also unlikely to dust off either of two facilities it set up in 2008 to ensure money market funds had cash to meet redemption requests -- the Asset-Backed Commercial Paper Money Mutual Fund Liquidity Facility and the less-used Money Market Investor Funding Facility.
Today's rock-bottom interest rates and the fact that the government would need to charge fees for such guarantees mean that those types of emergency facilities would likely not be effective as a backstop.
Limitations on the Fed's emergency authority -- it can no longer intervene to protect individual firms as it did in 2008, but must provide aid to an entire asset class -- may further cramp the central bank's nimbleness in responding to a crisis.
Another Fed emergency liquidity facility dating from the U.S. financial meltdown depended on a promise that the Treasury would absorb some of the losses if the collateral financial institutions pledged lost value. U.S. lawmakers are now on a debt-cutting crusade and are unlikely to approve more bailout funds for the Treasury to use in that way any time soon.

NERVOUS INVESTORS

All this has left some investors nervous about their exposure to what they used to see as the safe havens of money funds, managers said.
Such funds "breaking the buck are far and few between, but nowadays, everyone is looking at Europe, and they are seeing things they thought wouldn't happen now happening," said King Lip, chief investment officer at Baker Avenue Asset Management in San Francisco.
The firm manages about $750 million in assets.
He said about 25 percent of the firm's investments are in money markets that had been carefully vetted.
"We've had clients asking us to move to cash," Lip said. "We're getting more and more requests to move to cash entirely rather than invest in money markets."
Top Fed officials have urged putting money funds on a tighter leash, saying they should be required to hold capital buffers to discourage clients from panic withdrawals.
"Given the systemic importance of the money market mutual fund industry, it is critical that one way or another we make the industry less susceptible to credit shocks and liquidity runs," Boston Federal Reserve Bank President Eric Rosengren said in September.
Strains in money funds re-emerged over the summer on concerns about their holdings of commercial paper issued by troubled European banks. Outflows spiked in July as investors worried about the fight in the U.S. Congress over raising the U.S. debt ceiling.
In response, some of the largest funds cut their European bank holdings and shortened the weighted average maturities of the assets they owned. Outflows ultimately stabilized after a debt deal was reached in the U.S. Congress.
Various academics and regulators have backed a shift to a share price that can fluctuate, as opposed to the current money fund practice of guaranteeing a stable $1 per share value. But many companies worry such a change would drive away customers.
Some industry counterproposals involve building up extra capital in some type of "buffer" to backstop money funds that run into trouble. Asset management executives also say that changes put in place by the Securities Exchange Commission at the start of 2010 already have made the funds much more robust than during the crisis, including tightening credit quality standards and imposing liquidity requirements.
Investors are watching the situation closely.
Evensky & Katz, a registered investment adviser in Coral Gables, Florida, with $700 million in assets under management, is considering whether to pull out of money market funds. But for now, it is leaning toward staying in, said Harold Evensky, the firm's president.
"We don't think any of the money market funds we use have significant exposure to Europe and if there was an issue, we have little doubt that they would cover it," he said.
(Additional reporting by Ross Kerber in Boston; Ann Saphir in Chicago; and Ashley Lau and Jessica Toonkel in New York; Editing by Dan Grebler)

#OccupyAirSpace: - Protesters Launch 'Robokopter' Drone

U.S. banks should "undermine" Occupy protesters: memo

By David Ingram | Reuters


WASHINGTON (Reuters) - The Occupy Wall Street movement is a big enough problem for U.S. banks that they should pay for opposition research into the political motives of protesters, said a firm that lobbies for the industry.
Clark Lytle Geduldig & Cranford, a Washington-based firm, proposed the idea in a memo to the American Banking Association, an industry group which said on Saturday that it did not act on the idea.
The four-page memo outlined how the firm could analyze the source of protesters' money, as well as their rhetoric and the backgrounds of protest leaders.
"If we can show they have the same cynical motivation as a political opponent, it will undermine their credibility in a profound way," said the memo, according to a copy of it on the website of TV news channel MSNBC, which first reported on it. (See MSNBC's report http://upwithchrishayes.msnbc.msn.com/_news/2011/11/19/8896362-exclusive-lobbying-firms-memo-spells-out-plan-to-undermine-occupy-wall-street-video)
Clark Lytle Geduldig counts the banking association among its regular lobbying clients, U.S. Senate records showed.
Other clients include MasterCard Worldwide and a banking coalition concerned about interchange fees.
The firm did not respond to requests for comment.
Its memo said it could deliver research, survey data and plans to use the information in 60 days at a cost of $850,000.
Banking association spokesman Jeff Sigmund told Reuters the memo is authentic, but his group was not interested.
"Our government relations staff received the proposal - it was unsolicited and we chose not to act on it in any way," Sigmund said.
The memo is dated November 24, five days after it became public. Sigmund did not respond to a follow-up question about the date. November 24 is also the Thanksgiving holiday.
The memo said U.S. financial firms should be concerned about comments that Democratic campaign consultants have made in the news media about trying to harness the energy of the Occupy Wall Street protesters.
"This would mean more than just short-term political discomfort for Wall Street firms," it said.
"If vilifying the leading companies of this sector is allowed to become an unchallenged centerpiece of a coordinated Democratic campaign, it has the potential to have very long-lasting political, policy and financial impacts on the companies in the center of the bull's-eye."
The memo is from Clark Lytle Geduldig's four name partners. Two of them, Sam Geduldig and Jay Cranford, are former aides to House of Representatives Speaker John Boehner, a Republican.
Using shorthand for Occupy Wall Street, the memo said:
"It may be easy to dismiss OWS as a ragtag group of protesters but they have demonstrated that they should be treated more like an organized competitor who is very nimble and capable of working the media, coordinating third party support and engaging office holders to do their bidding. To counter that, we have to do the same."
(Reporting by David Ingram. Editing by Kevin Drawbaugh)

UC Davis Protestors Pepper Sprayed

2011年11月18日星期五

Rise Up - Parachute Club against US



Rise up against US Voodoo economy and Wall Street from Canadian band in 80

2011年11月17日星期四

Woman Shows Court Order to NYPD, Gets Punched in Face. #occuppywallstreet



US Wall Street police are lawless and against Human right to protest

2011年11月13日星期日

為200 億雷曼案做「裁判官」看盡人生百態 經驗難得


為200 億雷曼案做「裁判官」看盡人生百態 經驗難得


3 年前雷曼倒閉,曾幾何時,市民在電視熒光幕及報章上,追蹤政府官員及銀行大班出席立法會雷曼迷債小組的作證。原來,小組成員在過去3年,已為小組工作開了超過150 次會議,而身為小組主席的何鍾泰更開了300 多次會。問他是否值得?何鍾泰不假思索便說: 「很值得,有43,700名事主,買了200 多億元的雷曼產品,有哪項工作可以有這難得的經驗。」

查找真相爭取資料公開

何經常掛在嘴邊的,是他擔任小組主席,有權像法官一樣,就銀行及監管機構提出的抗辯作出裁決。「我試過星期日晚出席完晚宴,還要回立法會寫裁決,寫20 多頁的法律文件,我的決定就是最後的裁決,連立法會法律顧問也不能左右我的決定。」

大班出席聆訊廿多黑衣人伴隨

他說聆訊期間,很多時銀行及監管機構,會請來一大班大狀,提出多項理據,要求豁免向小組提交資料。「有時他們會提出公眾利益豁免權,說要保密,又試過搬出銀行條例、證券及期貨條例等來要求保密。我聽了那些大狀的理據之後,就要做決定。」他說,基本上他的決定都是反駁他們的論據,希望盡量把資料在小組內公開。

在聆訊期間,他亦看盡人生百態。「試過有銀行大班來立法會作證時,來了20 多個黑衣人,原來是大班的保鑣,我從未見過有那麼多保鑣在立法會大樓出沒。」可見銀行相當擔心雷曼事件的事主,會對大班施以突襲。

事主送上感謝卡深感欣慰

調查雷曼迷債事件的工作,足足用了一屆立法會的時間。「雷曼在2008 年9 月爆煲,當時我們才剛剛上任。那年年底我們成立了雷曼小組,用特權法傳召了60 多人,開了150 多次會。現在已進入最後階段,在寫調查報告。為了趕在明年6月、今屆立法會完結之前提出動議,我已告誡小組成員, 明年隨時要星期日也回來開會寫報告。」

為調查雷曼花了那麼多時間,何鍾泰亦有感到欣慰的一刻。「有一次立法會職員告訴我,有人在外面要向我請願。我出到去,收到一個事主給我一張過了膠的卡,上面寫『何鍾泰議員公平公正,Thank you』。」

聆訊期間亦試過有雷曼事主一行20 多人,來到舊立法會大樓外的停車場找何鍾泰,見到他便跪下哭訴。「其間我聽過很多事主的個案,但我知道小組不是去幫個別苦主,只是要找出真相,調查整件事是為何會這樣發生。」

We Are The Many - Makana

Occupy Portland: Tensions rise between Portland Police and crowd

2011年11月11日星期五

Curbing risks of big banks

China forum Xiao Gang

Global systemically important banks must fulfil their new requirements to ensure resilient world financial system

While the world kept a watchful eye on the results of the G20 summit in Cannes, France, with respect to the European crisis, it is important to note that the leaders of the G20 formally endorsed the list of 29 “global systemically important banks” (G-SIBs).

Recognizing the fact that neither low inflation and stable macroeconomic environments, nor micro-prudential supervision of individual institutions are enough to maintain financial stability, the 2009 London G20 summit launched the initiative of establishing a macro-prudential policy framework and accepted the concept of designating G-SIBs.

Despite heated debates on the process over the past two years, the selected G-SIBs will face a new and more intense regulatory environment, and will be required to have more capital and liquidity.

There is no doubt that failure or distress of a large or complex financial institution can have a greater impact on the financial system than a smaller, simpler institution. Hence, those institutions must have more capital to absorb losses and be subject to greater supervision, making it possible to close or restructure them if necessary without massive disruption to the rest of the financial system. In this way, no institution is too-big-to fail or too-connected-to fail.

Obviously, without a global framework for handling cross-border bank bankruptcies, the world economy is still vulnerable to a repeat of the disastrous collapse of Lehman Brothers in 2008.

The methodology with which G-SIBs were identified is based on size, interconnectedness, substitutability, global activity and complexity. Such banks clearly can have a greater impact on the real economy, job creation and financial stability. However, since the mid-20th century managerial capitalism has been transformed into global financial capitalism and financial products and activities have exploded dramatically and become far removed from the real economy. For example, the assets of British banks now exceed 6,000 billion pounds ($9,654 billion), while lending to UK businesses — to farmers, manufacturers, retailers and construction companies etc — accounts for only about 3 percent of that total. Most of assets of UK banks represent financial institutions trading with each other. Such over-financialization should be adjusted, and the banking system returned to promoting the real economy.

There are worries that an increase in the minimum capital requirements for the G-SIBs may raise their costs and reduce their willingness to lend, further deepening the global recession. But the G-SIBs can meet the more stringent ratio requirements either by raising fresh capital or by shrinking their assets and should be carefully monitored to ensure they meet the new requirements and take the appropriate measures to change business models and adjust assets portfolios without any adverse knock-on effects to the real economy.

A transition period is necessary for banks to build up their capital base by retaining earnings, raising new capital, limiting dividend payments and keeping a cap on executive compensation.

After all, the long-term negative impact of higher capital on economic growth is relatively small, and the benefits far outweigh the costs. According to some studies, the balance of the benefits and costs of higher capital ratios peaks at a level of between 10 to 11 percent. G-SIBs must be responsible for preventing systemic risks from happening in global financial industry. A leverage ratio (Tier 1 capital/adjusted assets) introduced by Basel III forces banks to hold more liquid assets and cut back any reliance on short-term funding. This is an important instrument to curb excessive expansion and risk-taking so as to help contain the build-up of systemic risks. Moreover, as a backstop to banks’ capital, the leverage ratio can guard against possible miscalculations of risk during booms.

Fundamentally, G-SIBs can ensure their survival if they operate prudently. Although financial crises have had many complicated reasons in the past decades, often they are the result of banks lending money they shouldn’t have lent to borrowers who shouldn’t have borrowed. Borrower demand is almost certainly a bigger problem than lender supply.

The Royal Bank of Scotland is good case study. After 17 months of investigation, the UK regulator has concluded that no rules were broken by those who took the bank to the brink of disaster, what went wrong was the near-fatal decision to expensively acquire ABN Amro, largely with borrowed money, just before the global financial crisis.

The endorsement of the G-SIBs made by the G20 is a good start for establishing a new global regulatory framework. But there are a lot of things to be done to ensure its successful implementation. Given the eurozone crisis and the faltering world economy, different countries of course have different policy priorities, but maintaining the global financial stability that is so crucial to the world economy must be a common goal for the long-term.

The fact that the Bank of China, a 100-year-old bank, was included on the list of G-SIBs not only represents the bank’s international brand identification, it is also a recognition of the progress made in Chinese banking reform during recent years.

As the only G-SIB selected from emerging market economies, we are committed to undertaking greater responsibilities in supporting the economy and maintaining financial stability. That will surely bring many opportunities and challenges to our bank for further transformation, driving us to continue to innovate financial services, improve corporate governance and to strengthen both risk and human resource management.

Right now, all G-SIBs are allocated into four buckets with different requirements related to additional common Tier 1 equity — ranging from 1 percent to 2.5 percent of risk-weighted assets — Bank of China is in the last bucket with a capital surcharge of 1 percent, and its current capital adequate ratio has already met the requirement, so the impact on the bank is limited.

The world needs a safer, resilient financial system for promoting strong, balanced and sustainable growth, and thus the G-SIBs must undertake more responsibilities and make more contributions to the system

2011年11月3日星期四

雷曼苦主「佔領銀行街」第19日,發言人接受「無線電視」訪問

Two Oakland Police Provocateurs Caught on Video!

2011年11月1日星期二

Lawrence O'Donnell on Police Brutality at Occupy Wall Street

Wall Street Police, tender of the Rich bankers in New York city.