Reacting to global financial insecurity and the involvement of some Hong Kong
investors in Lehman Brothers securities, Hong Kong's Securities and Futures
Commission issued a circular on Friday requiring all issuers of retail investment
products to review whether risk disclosure and product descriptions are adequate.
Directed at issuers of all retail investment products, including retail collective
investment schemes and retail structured products, the circular says marketing
materials issued “must be clear, fair and present a balanced picture with
adequate and prominent risk disclosure in compliance with all applicable regulations.”
“Recent events show that investors need to be presented with a clearer
picture of product risks – they need to understand better how products
will operate in extreme market conditions or in the face of bankruptcy,”
said the SFC’s Chief Executive Officer Mr Martin Wheatley. “We are
reminding issuers of retail investment products, therefore, that they must exercise
their duty more diligently within the current regulatory framework to disclose
risks and explain their products.”
The circular further reminds issuers to include in their marketing materials
“upfront, prominent and adequate warnings” of all risks, including
“new risks” emerging from prevailing market conditions. Issuers
seeking authorisation from the SFC to market retail investment products also
are advised to “revise their documents in light of the recent market events.”
The SFC also warned last week that it was prepared to strengthen its controls
over short-selling if it became necessary. The SFC has already banned 'naked'
short selling and applies an 'uptick' rule. Market statistics don't however
reveal any unusual level of short-selling in the stock market.
Market nervousness over the banking sector in Hong Kong remains significant
even after the Hong Kong Monetary Authority injected USD3.9bn into the banking
system last week to halt the hike in interbank interest rates. HKMA chief executive
Joseph Yam said: "The situation of the international market is difficult
and Hong Kong will inevitably be affected. However, depositors and investors
should maintain their confidence because our banking system is healthy."
Hong Kong investors had significant holdings in Lehman Brothers investment
products. According to SFC statistics, Lehman Brothers issued a total of HKD12.7bn
(USD1.6bn) of 'mini-bonds' to more than 10,000 local investors.
The Hong Kong Association of Banks has formed a task-force to deal with the
situation and is working with Lehman's liquidators and trustees to clarify redemption
arrangements for bond-holders.