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Voting recommendations

Company: Hang Seng Bank Limited (HSB)
Stock code: 0011
Date of meeting: 22-Apr-04
Time of meeting: 15:30
Advice date:  08-Apr-04

Notice of Meeting:

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Voting method: Webb-site.com will require a poll, all proxies will be counted

Note to journalists:
We have up to 4 proxy seats available inside this AGM. Please contact us if you want one.

Item Description Vote
1 To adopt the accounts FOR
2(a) To re-elect Eric Li Ka Cheung as INED FOR
2(b) To re-elect Jenkin Hui Ching Kim as INED FOR
2(c) To re-elect David Sin Wai Kin as INED AGAINST
2(d) To elect Simon Jeremy Glass as Director FOR
3 To re-appoint KPMG as auditors FOR
4 To appoint Simon Jeremy Glass as Managing Director FOR
5 To mandate the Directors to repurchase shares on-market FOR
6 To mandate the Directors to issue additional shares (see note) FOR

Reasons

Dr David Sin Wai-kin (Dr Sin), 74, is proposed for re-election as an independent non-executive director (INED) of HSB. He has been a director since November 1991. He is also an executive director of New World Development Co Ltd (NWD, 0017), which has spent several years struggling with a post-bubble debt burden.

The extent of the loans and deposits between NWD and HSB is unknown, but NWD lists HSB and its parent, The Hongkong and Shanghai Banking Corporation Ltd as "Principal Bankers" in its annual report (where bankers are listed alphabetically) while a subsidiary, New World TMT Ltd (0301) lists HSB as its only Principal Banker, another subsidiary, New World China Land (0917) put the two banks at the top of its non-alphabetic list of Principal Bankers, and a third subsidiary, NWS Holdings Ltd (0659) also includes the two banks in its list of Principal Bankers. We regard these banking relationships as a potential conflict of interest for Dr Sin, and so cannot regard him as independent of HSB.

As we remarked in last year's recommendations, there is a strong historic bond between HSB and NWD. The Chairman and controlling shareholder of NWD, Cheng Yu-tung, 78, is also an INED of HSB and has been a director since 1985.

Lee Quo-Wei, 85, Honorary Chairman of HSB, has been a director of NWD since 1972. Ho Tim, 95, who joined the bank in 1933, has been a director of NWD since 1972. Michael Sandberg, former Chairman of HSBC, has been a director of NWD since 1987 (just after he left HSBC) and was a director of NWD from 1972-1977. These three are listed as INEDs of NWD.

Side note:

While it is not relevant to HSB's meeting, there is a tangled mess of cross-directorships between HSB, NWD, Miramar Hotel and Investment Co, Ltd (Miramar, 0071) and King Fook Holdings Ltd (King Fook, 0280), which will be relevant to those companies. This is so complicated that a table is the best way to describe it:

  HSB NWD King Fook Miramar
Cheng Yu Tung INED Ch    
Peter Cheng Kar Shing   MD INED  
Dr Sin INED ED   INED
Richard Tang Yat Sun INED   Vice Ch Dir
Ho Tim Dir INED   Hon Ch
Lee Quo-Wei Hon Ch INED    
Howard Yeung Ping Leung   INED Ch Dir

Hang Seng bites Vampire

Webb-site.com is delighted to note that HSB has complied with one of the principal recommendations of  Project Vampire, by limiting its general mandate to issue new shares for cash to 5% of the existing issued shares.

Project Vampire also recommends a maximum discount limit of 5%, to guard against the transfer of value from existing shareholders to placees. This limit applies to UK-listed companies, including HSB's parent HSBC Holdings plc. HSB didn't go that far, but to reward them this year, we recommend you vote in favour of the general mandate. Next year, we hope they will include a discount limit.

HSB joins Johnson Electric Holdings Ltd (0179) and HSBC as the first 3 members of the Hang Seng Index which comply with part or all the recommendations of Project Vampire, which are:

  • The mandate to issue shares for cash, other than by a rights issue, should be for not more than 5% of the outstanding shares a the time of the mandate

  • The discount for shares issued other than by a rights issue may not exceed 5%.

  • The mandate to issue shares for non-cash purposes, including acquisitions, should be for not more than 20% of the outstanding shares

As we noted earlier this week when HKEx almost lost its general mandate by shooting for a 20% cash mandate, the tide has turned in the battle for pre-emptive rights in Hong Kong.

Copyright Webb-site.com, 2004


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