Investor protection:HK going one up on S’pore

In Financial competency on 03/06/2012 at 6:31 am

Hong Kong, where the securities regulator in May proposed introducing civil liability for banks working on initial share sale prospectuses (we got this here but kinda useless deterrent: look at the S- Chips that were listed), is thinking of allowing class-action lawsuits to help investors seek damages.

The city’s Law Reform Commission in late May recommended legislation to allow a group with a common complaint to sue through a representative. Initially, the class actions should only be for cases such as product liability and consumer fraud, which can be financed by an existing public fund.

Hong Kong currently allows multiparty proceedings under rules that the city’s then-chief justice Andrew Li criticised as restrictive and inadequate in 2004. Losing parties must pay all or part of their opponent’s legal fees under Hong Kong law, a deterrent for individual investors seeking damages. S’pore has shumething similar though our CJ never ever criticised the law on multiparty suits.

The inability to bring class action suits and the issue of costs hindered the mini-bonders, and other similar structured product investors from pursuing their claims here. Some DBS HN5 holders failed in very their technical law-suit. Some Pinnacle note investors are suing Morgan Stanley in the US.

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