In
October 2001 New T&T, the fixed telecommunications
network service (FTNS) operator reached
a landmark agreement with the Securities
and Futures Commission (SFC) in which
New T&T agreed to cater for all the
jurisdiction's financial e-commerce and
e-trading operations by providing a network
to interconnect all financial institutions
including securities, derivatives, banking,
insurance and other licensed financial
entities in Hong Kong.
Andrew
Sheng, chairman of the SFC announced at
the time that: 'This agreement puts the
operation and continued implementation
of FinNet in the hands of a globally qualified
operator and will enable Hong Kong to
upgrade and transform our financial infrastructure
into a true e-frastructure, while solidifying
Hong Kong's position as a premier international
financial centre.'
Mr
Sheng also explained that the new platform
would give investors access to a wider
range of products as well as much faster
and higher quality services. 'For example,'
he said, 'transactions will now be executed
more securely at lower costs and with
reduced risks, facilitating the future
global applications.'
Banking
There
are a number of on-line banking operations
directed at the consumer or the HINWI
(high net worth individual) markets. In
some cases a wide range of services is
offered including share trading and investment.
Hong
Kong banks were initially slow to equip
themselves with Internet payment processing
systems. The banks claimed to be uncomfortable
about processing payments received from
outside Hong Kong via the Internet because
of the additional credit risk. Banks in
Hong Kong charge about 2.5% for credit
card payments but charges for payments
received on the Internet shoot up to 4-10%.
The
Postmaster General is authorized to be
a Recognized Certification Authority under
the Electronic Transactions Ordinance
2000. Additionally, the Secretary for
Information Technology and Broadcasting
may make regulations governing the procedures
of certification authorities.
Since
1997, the Hong Kong Monetary Authority
(HKMA) has been issuing a series of circulars
to set out its regulatory approach on
e-banking services and to provide authorised
institutions with recommendations on the
risk management for these activities.
While institutions do not need to seek
formal approval from the HKMA to offer
their e-banking services, they should
discuss their plans and risk management
measures with the HKMA in advance.
In
May 2000, the HKMA issued a Guideline
on the Authorisation of Virtual Banks
under section 16(10) of the Banking Ordinance.
The Guideline set out the principles that
the HKMA takes into account in deciding
whether to authorise virtual banks. The
main principle is that the HKMA will not
object to the establishment of virtual
banks in Hong Kong provided that they
can satisfy the same prudential criteria
that apply to conventional banks. In summary,
virtual bank applicants must satisfy the
following requirements:
- Maintenance
of a physical presence in Hong Kong;
- Maintenance
of a level of security appropriate
to their proposed business;
- Establishment
of appropriate policies and procedures
to deal with the risks associated
with virtual banking;
- Development
of a business plan which strikes an
appropriate balance between the desire
to build market share and the need
to earn a reasonable return on assets
and equity;
- Clearly
setting out in the terms and conditions
for their services the rights and
obligations of customers; and
- Compliance
with the HKMA's guidelines on outsourcing
of computer operation.
In
line with existing authorisation policies
for conventional banks, a locally incorporated
virtual bank cannot be newly established
other than through the conversion of an
existing locally incorporated authorised
institution. Furthermore, local virtual
banks should be at least 50% owned by
a well-established bank or other supervised
financial institutions. For applicants
incorporated overseas, they must come
from countries with an established regulatory
framework for electronic banking. In addition,
they must have total assets of more than
US$16 billion and will be subject to the
"three-building" condition in
respect of its physical offices, but not
in respect of its cyber network.
Securities
Markets
Apart
from share dealing services provided through
banks' web-sites, there are a number of
financial portals in Hong Kong offering
share-dealing and investment services.
Some global ecn's (electronic brokerages)
also offer Hong Kong share trading, in
one case from a Hong Kong-based operation.
Hong
Kong Exchanges and Clearing (HKEx) introduced
AMS/3, a third generation automatic order
matching and execution system, in late
2000. In February 2001 it added an Order
Routing System (ORS). ORS is an open system
that enables investors to place stock
market orders through the Internet, mobile
phones and other electronic channels,
which may be developed by HKEx or vendors.
After an order is placed through an electronic
channel connected to ORS, the system automatically
sends the order to a Stock Exchange Participant
for approval and submission to the market
for matching and execution.
Generally,
online securities trading in Hong Kong
was an early casualty of the dot-com meltdown
and the international equity slump, with
a number of major US brokerages retreating
from the SAR in 2001 almost as quickly
as they had arrived in 1999 and 2000.
One
exception was DBS TD Waterhouse, which
in January, 2002, announced that it had
launched an online brokerage operation
in Hong Kong.
By
2003 it seemed that on-line trading would
finally have its day in Hong Kong, as
a combination of better technology, burgeoning
interest from mainland visitors and the
impact of SARS pushed on-line trading
volumes to historic highs.
Christina
Hui Siu-wing, regional general manager
for Asia at Charles Schwab Hong Kong,
said that the company recorded its biggest
trading volume in June of that year, since
entering the local market in 1998.
By
mid-2004, on-line broking had grown to
such an extent that the Hong Kong Association
of Online Brokers was urging the city's
financial regulator, the Securities and
Futures Commission, to strengthen internet
registration procedures in an attempt
to thwart fraudulent websites. The Association
proposed that all online brokerages register
under the internet domain name of sec.hk.
They argued that the growth in the number
of incidents of fraudsters attempting
to trick investors by setting up fake
websites was threatening to undermine
the Hong Kong public's confidence in online
broking.
Hong
Kong As A Financial Internet Hub
Whatever Hong Kong does, major global
ecn's (brokerages) will offer on-line
trading in all important types of global
security to Asian investors. They will
offer both very low cost transactional
services and also relationship-based services
to HINWIs. The large retail financial
services groups view Hong Kong as a high-potential
market with local competition weakened
and distracted by the region's recent
economic and financial problems. The perception
of global players at present is that Hong
Kong is a market rather than a source
of advanced Internet facilities, and it
is not clear that the SAR is undertaking
initiatives that might change this, bar
the Cyberport.
Access
to on-line services, which are continuing
to grow in Hong Kong as in other advanced
regions, will also facilitate a shift
to foreign issues, composites, and derivatives,
meaning that Hong Kong exchanges stand
to lose significant volume to foreign
markets unless local products fill these
needs. Here again, a clear, local vision
is needed that Hong Kong must compete
in global terms by developing state-of-the-art
products. It is unfortunate that the Growth
Enterprise Market (GEM) had a difficult
birth; but at least it exists.
Finally,
Hong Kong needs to maintain a sound legal
and regulatory foundation for on-line
banking and investment services. Its common-law
inheritance is helpful, but the structure
of markets and regulatory oversight needs
rapid modernisation.
Hong
Kong's laissez-faire attitude towards
commercial and financial development has
stood it in good stead in the past, but
it may be that Singapore's contrasting
style, of top-down implementation of a
grand vision, may be more appropriate
at a time when models need to be changed
very quickly.