Bringing responsible ownership to the financial market of Hong Kong: how effective could it be?

• Published in: The journal of corporate law studies Vol. 16; no. 2; pp. 437 - 469
• Main Author: Ho, John Kong Shan
• Format: Journal Article
• Language: English
• Published: Routledge 02.07.2016
• ISSN: 1473-5970; 1757-8426
• DOI: 10.1080/14735970.2016.1191301

In March 2015, the Securities and Futures Commission (SFC) of Hong Kong launched a consultation to examine whether the financial market of Hong Kong should implement the Principles of Responsible Ownership, based on the Stewardship Code which was first introduced into the United Kingdom's (UK) financial market in 2010. One year later, in March 2016, the SFC announced in its consultation conclusions that it would adopt the Principles subject to some amendments. This article examines as to whether the implementation of such Principles would be effective in encouraging shareholder activism and engagement in the corporate governance of Hong Kong. Contrary to the SFC's conclusions, it is argued here that due to the nature and characteristics of Hong Kong's financial market, the Principles are unlikely to foster greater shareholder involvement. The article will suggest alternative legal and institutional mechanisms that can better enhance investor engagement.