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26 February 2003 3987 LEGISLATIVE COUNCIL ─ 26 February 2003 3987 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 26 February 2003 The Council met at half-past Two o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.S., J.P. THE HONOURABLE KENNETH TING WOO-SHOU, J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. DR THE HONOURABLE DAVID CHU YU-LIN, J.P. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. THE HONOURABLE ERIC LI KA-CHEUNG, J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, J.P. 3988 LEGISLATIVE COUNCIL ─ 26 February 2003 THE HONOURABLE NG LEUNG-SING, J.P. THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE HUI CHEUNG-CHING, J.P. THE HONOURABLE CHAN KWOK-KEUNG THE HONOURABLE BERNARD CHAN, J.P. THE HONOURABLE CHAN KAM-LAM, J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE SIN CHUNG-KAI THE HONOURABLE ANDREW WONG WANG-FAT, J.P. DR THE HONOURABLE PHILIP WONG YU-HONG THE HONOURABLE WONG YUNG-KAN THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE HOWARD YOUNG, J.P. DR THE HONOURABLE YEUNG SUM THE HONOURABLE YEUNG YIU-CHUNG, B.B.S. THE HONOURABLE LAU CHIN-SHEK, J.P. LEGISLATIVE COUNCIL ─ 26 February 2003 3989 THE HONOURABLE LAU KONG-WAH THE HONOURABLE LAU WONG-FAT, G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, J.P. THE HONOURABLE AMBROSE LAU HON-CHUEN, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE CHOY SO-YUK THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE SZETO WAH THE HONOURABLE TIMOTHY FOK TSUN-TING, S.B.S., J.P. DR THE HONOURABLE LAW CHI-KWONG, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. DR THE HONOURABLE TANG SIU-TONG, J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, J.P. THE HONOURABLE LI FUNG-YING, J.P. THE HONOURABLE HENRY WU KING-CHEONG, B.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, J.P. THE HONOURABLE MICHAEL MAK KWOK-FUNG THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE LEUNG FU-WAH, M.H., J.P. DR THE HONOURABLE LO WING-LOK 3990 LEGISLATIVE COUNCIL ─ 26 February 2003 THE HONOURABLE WONG SING-CHI THE HONOURABLE FREDERICK FUNG KIN-KEE THE HONOURABLE IP KWOK-HIM, J.P. THE HONOURABLE LAU PING-CHEUNG THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE MA FUNG-KWOK, J.P. MEMBER ABSENT: THE HONOURABLE CHAN YUEN-HAN, J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE DONALD TSANG YAM-KUEN, G.B.M., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE ANTONY LEUNG KAM-CHUNG, G.B.S., J.P. THE FINANCIAL SECRETARY THE HONOURABLE ELSIE LEUNG OI-SIE, G.B.M., J.P. THE SECRETARY FOR JUSTICE DR THE HONOURABLE YEOH ENG-KIONG, J.P. SECRETARY FOR HEALTH, WELFARE AND FOOD THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE SARAH LIAO SAU-TUNG, J.P. SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS LEGISLATIVE COUNCIL ─ 26 February 2003 3991 THE HONOURABLE FREDERICK MA SI-HANG SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE STEPHEN LAM SUI-LUNG, J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MR LAW KAM-SANG, J.P., DEPUTY SECRETARY GENERAL MR RAY CHAN YUM-MOU, ASSISTANT SECRETARY GENERAL 3992 LEGISLATIVE COUNCIL ─ 26 February 2003 TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Security and Guarding Services Ordinance (Amendment of Schedule 2) Notice 2003 ........................... 48/2003 Village Representative Election (Registration of Electors) (Appeals) Regulation................................... 49/2003 Telecommunications (Telecommunications Apparatus) (Exemption from Licensing) Order (L.N. 4 of 2003) (Commencement) Notice 2003 ....................... 50/2003 Other Papers No. 63 ─ Audited Statement of Accounts together with the Director of Audit's Report and Trustee's Report on the Administration of the Education Scholarships Fund for the year ending 31 August 2002 No. 64 ─ Hong Kong Council for Academic Accreditation Annual Report 2001-2002 No. 65 ─ Li Po Chun Charitable Trust Fund Annual Report for the period from 1 September 2001 to 31 August 2002 No. 66 ─ Audited Financial Statements and Programme of Activities of the Hong Kong Examinations and Assessment Authority for the year ending 31 August 2002 Report of the Bills Committee on Dutiable Commodities (Amendment) Bill 2002 Report of the Bills Committee on Inland Revenue (Amendment) (No. 2) Bill 2001 LEGISLATIVE COUNCIL ─ 26 February 2003 3993 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Regulation of Listed Companies 1. MR MARTIN LEE (in Cantonese): Madam President, early this month, at the request of the Stock Exchange of Hong Kong Limited (SEHK) and the regulatory authority in the United Kingdom, the Pacific Century CyberWorks Limited (PCCW) responded to press reports about its plan to make a takeover offer for the Cable and Wireless plc in the United Kingdom by issuing two public announcements with different contents one after another. However, the first announcement submitted to the SEHK did not make full disclosure of the matter. In this connection, will the Government inform this Council : (a) whether it has assessed if the regulatory standards and requirements of the local regulatory bodies for listed companies are lower than those of the United Kingdom, and if this is the reason for the PCCW's failure to make timely and full disclosure of the matter in Hong Kong; (b) whether it knows if the local regulatory bodies have investigated this incident to ascertain whether the PCCW has violated the provisions of the Listing Rules and the relevant legislation; and (c) how the Government and relevant regulatory bodies will follow up this incident? SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Cantonese): Madam President, the Government does not comment on individual cases, especially those which are being dealt with by regulators. The PCCW is a company listed in Hong Kong. Listed companies are under the independent regulation of the SEHK and the Securities and Futures Commission (SFC), and the Government plays no part in specific cases. In fact, the SEHK has earlier on issued a press release stating that it is seeking clarifications and further details from the PCCW on the matter. The SFC will monitor the follow-up actions 3994 LEGISLATIVE COUNCIL ─ 26 February 2003 taken by the SEHK. The Government respects the independence of the regulatory bodies provided for under the law and believes that they will handle the case concerned with competence and impartiality. As to Mr LEE's specific points in his question, I shall reply as follows: (a) Since the case of disclosure of information by the PCCW in relation to its takeover offer for the Cable and Wireless plc is being followed up by the SEHK, we are, at this stage, unable to comment on "PCCW's failure to make timely and full disclosure of the matter in Hong Kong" as stated in the question. As to the regulatory requirements of our local regulatory bodies in respect of disclosure of listed companies, I have sought clarification from the SFC and the Commission confirmed that in this regard we are on a par with international standards, including those of the United Kingdom. In particular, the requirements for listed companies in both Hong Kong and the United Kingdom relating to disclosure of price-sensitive information, mergers and takeovers are closely similar. In fact, to maintain and enhance our competitiveness as a leading international financial centre, the Government, together with the SFC, the Exchange and other concerned parties, has all along been keeping our corporate governance and regulatory standards under review so as to ensure they are in line with international standards. (b) As the front-line regulator, the SEHK has earlier on issued a press release stating that it is seeking clarification and further details from the PCCW. The SFC will discharge its statutory functions and monitor the follow-up actions taken by the SEHK. (c) I just mentioned above that the SEHK is following up the case and that the SFC will monitor this. Under the three-tiered regulatory framework, the Government distances itself from the day-to-day work of the regulatory bodies, and does not interfere with individual cases. Only when there are cases which may have policy implications will the Government look into them from the policy angle, so that necessary follow-up actions could be taken. It is from this angle that I have enquired of the SFC whether there is any significant difference between the regulatory standards of Hong LEGISLATIVE COUNCIL ─ 26 February 2003 3995 Kong and the United Kingdom regarding corporate disclosure. The SFC has confirmed that Hong Kong's regulatory requirements in this regard are closely similar to those of the United Kingdom. MR MARTIN LEE (in Cantonese): Madam President, as we all know, before Secretary Frederick MA assumed office as the Secretary for Financial Services and the Treasury, he was employed in the PCCW. Hence, does it seem proper for him to answer this question today? Is there a need for him to avoid arousing suspicion in such a capacity? Anyhow, the Secretary has stated in part (a) of his main reply that the requirements for listed companies in both Hong Kong and the United Kingdom relating to disclosure of price-sensitive information, mergers and takeovers are closely similar.
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