Lombard Risk - Regulation in HONG KONG

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    Regulatory compliance

    HONG KONG

    Currency Hong Kong Dollars (HKD)

    Language Cantonese 90.8% | English 2.8% |

    Others 6.4% (2006)

    Population 7,153,519 (July 2011)

    GDP Nominal $243.302 billion (2011)Purchase power parity $355.6 billion (2011)

    Real growth rate 5% (2011)

    Government Special Administrative Region of the

    People's Republic of China

    Legislature Legislative Council (LegCo)

    Geographical area 426 miles | Eastern Asia, bordering

    South China Sea and China

    Economy Hong Kong is a prime example of

    laissez-faire capitalism, with ample

    economic license. A major capitalist

    service economy, it is notable for a

    low tax rate and free trade.

    Hong Kongers enjoy one of the

    highest income per capita in the

    world. These characteristics make it

    highly dependent on international

    trade and finance. GDP composition

    by sector: Agriculture 0.1% | Industry

    6.8% | Services 93.2% (2011).

    Corruption perception

    rating / worldwide

    ranking

    8.4 [10 good 0 bad]/ 12th

    Points of interest Literally meaning Fragrant Harbour,

    Hong Kong has secured a place as one

    of the most important metropolises

    in the world, alongside New York and

    London, prompting TIME magazines

    coinage Nylonkong, representing a

    global network that facilitates the

    global economy.

    Scarcity of space led to denser

    constructions (now the world's most

    vertical city), and sophisticated

    transport systems (public commuting

    rate > 90%).

    Economic freedom, financial and

    economic competitiveness, quality of

    life, corruption perception, and

    human development index all rankhighly. The political system is

    governed by a high degree of

    autonomy.

    has been

    established in

    Hong Kong for over a decade providing

    focused professional services around

    installation of regulatory products for

    financial institutions in this jurisdiction.

    We constantly monitor upcoming

    regulatory changes being imposed in

    Hong Kong, assessing the impact and

    working proactively with our clients.

    Lombard Risk REPORTER for regulatory

    compliance

    Lombard Risk business and regulatory

    compliance experts explain:

    regulatory environment

    in Hong Kong

    Banks regulators

    Hong Kongs Financial Institutions are regulated by the Hong Kong

    Monetary Authority (HKMA), The Securities and Futures

    Commission (SFC) and Hong Kong Deposit Protection Board (DPB).

    TheHong Kong Monetary Authoritys (HKMA) main

    role is to ensure the stability of the HK$ and it is the

    central banking institution of Hong Kong. It promotes

    efficiency, integrity and development of the financial

    sector by means of the stability pact of 1995, with

    central banks of Malaysia, Thailand, Indonesia and

    Australia to engage in repurchase agreements,

    providing liquidity to all involved. It reports directly to

    the Financial Secretary of Hong Kong.The Securities and Futures Commission (SFC) is an

    independent body which regulates the securities and

    futures market in Hong Kong. It is responsible for

    maintaining an orderly securities and futures market;

    to protect investors; and to promote Hong Kong as a

    key international financial centre. Although

    considered to be a branch of the government, it is a

    self-regulated organisation (SRO).

    The Hong Kong Deposit Protection Board (DPB) is an

    independent body charged with the responsibility of

    maintaining a Deposit Protection Scheme (DPS) in

    Hong Kong. It is a key part of the financial safety net

    in Hong Kong; provides a measure of protection todepositors and contributes to the stability of Hong

    Kongs financial sector.

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    Regulatory compliance

    Reports are submitted electronically including via XBRL. Hong

    Kong is well on the way to implementing Basel III; there has been

    considerable industry consultation on regulation and a further

    draft text of rules is scheduled for the end of 2012 and

    implementation by January 2013. There has also been a bill passed

    and published by the legislative council for the creation of

    rulemaking powers for the implementation of Basel III.

    Investment firms regulators

    Hong Kongs investment firms are regulated by the Securities and

    Futures Commission (SFC). Its role is to maintain order and

    protect investors by: setting and enforcing market regulations;

    licensing and supervising brokers, investment advisers, fund

    managers; authorising documents and investment products to be

    offered to public; and educating investors on markets and risks.

    Hong Kongs position as a gateway to Chinas booming economy,

    coupled with its impressive labour force, open economy and its

    behaviour towards foreign investors mean it is a top destination

    for incoming investment. This dependency on foreign investment

    meant that its economy contracted greatly during the financial

    crisis.

    Insurance firms regulators

    Hong Kongs insurance firms are regulated by the Office of the

    Commissioner of Insurance (OCI). Its role is to protect the interests

    of policyholders, regulate insurers and insurance intermediaries and

    promote the general stability of the insurance industry. Hong

    Kongs current regulation on insurance is unsophisticated - capital

    requirements are rule based and not risk adjusted. There is also low

    transparency on disclosure. The OCI is monitoring Solvency II and is

    considering a Solvency II equivalent, much like China.

    GDP Growth (%) of Hong Kong and comparisons

    Bank composition

    Main regulator

    Current

    chairman

    Norman Chan

    Previous

    chairman

    Joseph Yam (2009)

    Address Two International Finance Centre

    (55th floor, Part of 56th Floor, 77th

    Floor 88th Floor, Central District,

    Hong Kong

    Website www.hkma.gov.hk/

    The HKMAwas established in April 1993 via the consolidation of

    the Office of the Exchange Fund and the Office of theCommissioner of Banking. The HKMA is the government authority

    in Hong Kong responsible for maintaining monetary and banking

    stability. Its main functions are:

    Maintaining currency stability within the framework of the

    Linked Exchange Rate system

    Promoting the stability and integrity of the financial system,

    including the banking system

    Helping to maintain Hong Kong's status as an international

    financial centre, including the maintenance and development

    of Hong Kong's financial infrastructure

    Managing the Exchange Fund

    The HKMA requires some complex reports, such as:

    Large exposure returns which require firms to collect both

    direct and indirect exposure by bank, non-bank and connected

    parties daily; accruing the daily group exposure data and

    finding which groups have the largest ten exposures during

    each quarter

    Liquidity reporting returns which require gathering

    information on and computing institutions liquidity ratio and

    funding sources; identifying all liquefiable assets which refers

    to assets mature or readily realisable within one month; and

    qualifying liabilities which refers to liabilities maturing and

    likely to crystallise within one month

    Maturity profile returns which require accumulating

    information on the maturity profile of assets and liabilities of

    authorised institutions; splitting the assets and liabilities into

    different product nature; identifying the actual or projected

    cash flow and slotted into different maturity bucket according

    to the actual or estimated maturity date; and ensuring the

    total outstanding reported for each line items tied back to the

    balance sheet

    -4-2

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    2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

    HK

    China

    Singapore

    World

    150

    19

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    67

    Bank composition (262)

    Licensed banks

    Restricted License banks

    Deposit-taking companies

    Local representative offices

    http://www.hkma.gov.hk/http://www.hkma.gov.hk/http://www.hkma.gov.hk/
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    Regulatory compliance

    Example bank returns required by the HKMA

    Return Name

    I HK$ Interbank Transactions Return

    W Mandatory Provident Fund Related Activities

    E Large Exposures

    F Foreign Currency Position

    M Maturity Profile Interest Rate Risk

    N Market Risk Exposures

    O Combined Assets and Liabilities

    P Profit & Loss Account Return

    R Capital Adequacy Ratio

    S Assets & Liabilities Return - Hong Kong Office

    V Assets and Liabilities

    X Return of External Positions

    J Interest Rate Risk

    U Securities Related Activities Return

    E-CON Large Exposures

    Z Liquidity Stress Testing

    Y Insurance Related ActivitiesK Liquidity Position Interest Rate Risk

    L Loans and Advances Summary Interest Rate Risk

    J1 Interest Rate Risk (Supplemental info)

    TA Bank Ordnance

    TB Bank Ordnance

    G Monthly Return of Renminbi Business Activities

    List of bank returns required by the DBP

    DPB Return of Relevant Deposits

    Lombard Risks REPORTER keeps pace with regulatory requirements,

    automating end-to-end from data collection to electronic output, so

    giving you the ideal solution for all automated regulatory reporting

    requirements.

    With full support for key supervisory computations and powerful

    workflow, status dashboards, graphical presentation of trends and

    validations, REPORTER delivers huge savings in time and effort,

    reduces operational risk, and delivers significantly improved

    management information and management oversight.

    Basel III, EBA / European common reporting COREP

    and FINREP and transaction reporting, as well asSolvency II for the insurance marketplace

    Regulatory computation from raw data with

    comprehensive Capital, Liquidity and Large Exposures

    engines as well as detailed statistical computations

    Automation of regulator-mandated and client-defined

    validation rules

    Support for all transmission requirements including

    XBRL, XML and proprietary formats

    Powerful data management functionality overcomes

    The Data Problem: fully automated cleansing,

    consolidation and normalisation of multiple data

    sources irrespective of data format

    Automated Straight-Through-Processing (STP) enablesexception-based management, ensuring regulatory

    reporting is automated unless manual intervention is

    needed

    Workflow automation job-streams your production

    process enabling sign-off dependencies to be

    achieved under strict timetable conditions

    Full security for all processes

    Trends and Variance analysis provides automated

    drill-down comparison tools, significantly accelerating

    review, reconciliation and sign-off. Regulators

    enquiries are anticipated and easily answered

    For more information on any of these topics visit

    www.lombardrisk.comand/or email

    [email protected]

    August 2012

    http://www.lombardrisk.com/products/regulatory-compliance/reporter/eba-common-reporting-corephttp://www.lombardrisk.com/products/regulatory-compliance/reporter/xbrlhttp://www.lombardrisk.com/http://www.lombardrisk.com/http://www.lombardrisk.com/http://www.lombardrisk.com/products/regulatory-compliance/reporter/xbrlhttp://www.lombardrisk.com/products/regulatory-compliance/reporter/eba-common-reporting-corep