The Hong Kong Monetary Authority (HKMA) on Friday referred to the Securities and Futures Commission (SFC) for further action another 40 cases involving complaints of two licensed banks' alleged misconduct concerning Lehman Brothers investment products.
The HKMA revealed that one of the banks has been subject to referral in the
first batch of 24 cases on October 17.
The authority said in light of the large number of complaints, it will streamline
the investigation process by identifying groups of cases with common features
which appear to justify referral to the Commission in batches, adding that it will
cooperate with the Commission in conducting further investigations to speed up
the process.
Sanctions the Commission may impose on a bank include suspension or revocation
of registration, reprimands, fines or prohibition orders.
Up to October 23, the authority had received 16,301 complaints concerning Lehman Brothers-related
products. Besides the 64 referrals, it has started investigations into 285 cases
and is seeking further information on 1,942 complaints. Another 28 complaints
did not have sufficient prima facie evidence.
On Thursday, the SFC asked banks and brokerages to help accelerate the investigation
process into alleged mis-selling of Lehman Brothers-related products.
At a wealth management conference, the SFC's Executive Director of Enforcement
Mark Steward said that intermediaries should undertake their own internal inquiries
into their selling practices, and engage external consultants to conduct a review
if necessary, instead of waiting for the completion of the Commission's investigations.
"This approach is in the best interests of both the investors and the
banks and brokerages," he said, noting that it will help speed up a resolution
of regulatory issues, reduce overall costs and expenses and the risk of many
separate and competing legal claims.
Mr Steward stressed that a top-down approach will be taken to probe the selling
practices and policies of each bank and brokerage instead of investigating each
complaint individually, so the Commission can respond quickly to the maximum
number of complaints in the shortest possible time.
"No outcome will be pre-judged, and our conclusions will be based on evidence,
not on supposition, speculation or any external pressure for a particular desired
result," he said.
Mr Steward urged those banks and brokerages setting out to offer compensation
to ensure the population of the affected clients is clearly defined, their identification
is sound and covers the field of potential liability, and that the compensation
is fair and reasonable.