Vexed tri-partite discussions continue in Hong Kong over the future shape of
stock market regulation, with the Government being pulled this way and that
by Hong Kong Exchanges and Clearing (HKEx) and the Securities and Futures Commission
(SFC).
At issue is who should regulate the market professionals who sponsor listings,
and who should supervise the listings process. HKEx has come in for heavy criticism
over the last year after assorted scandals and foul-ups.
It now seems likely that supervision of the sponsors at any rate will fall
to the sole control of the SFC, which already issues their licenses; unofficial
reports this week say that HKEx has accepted the inevitable in this respect,
but is still fighting to maintain its control of the listing process itself.
HKEx had previously proposed to improve regulation of sponsors by adopting
a 'name-and-shame' regime; but market professionals have been complaining that
they did not want what amounts to double regulation. It is supposed that the
SFC also wants to gain control of the listing process; btu the jury is still
out on that one as government consultation continues.
The four possibilities government is offering are:
- letting HKEx set up a subsidiary to handle new listings;
- expanding the current dual filing system;
- shifting the listing function from Hong Kong Exchanges and Clearing (HKEx)
to the Securities and Futures Commission; or
- setting up a new regulator to handle the job.
The Hong Kong Stockbrokers' Association has said it is against the third and
fourth proposals but could accept either of the first two.
Other moves being considered by HKeX include a significant enhancement of the
existing voluntary Code of Best Practice, which would include a requirement
for companies to disclose directors' salaries by name, increase a listing applicant's
minimum shareholders to 300 from 100, and appoint at least three independent
non-executive directors instead of two. HKEx chief executive Paul Chow has also
said said the exchange is studying the possibility of mandatory training for
first-time directors in listed companies.