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LEGCO REPORT                                                       March  2001 Issue

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jamestien.jpg (11070 bytes)Prompt solution to ease negative equity plight needed


Among the issues which have aroused much public attention in the past month is the internal transfer of senior government officials. As I wrote in last month's Bulletin, I believe the appointment of Donald Tsang as Chief Secretary is a good choice.

I hope that after taking over as the new head of the Civil Service, he will improve relations between executive and legislative authorities, and better coordinate execution of policies. I also think the appointment of Anthony Leung, who has a commercial background, is a worth successor to Mr Tsang. Given the depth of his knowledge of local business, I believe he can deliver policies to further economic growth.

As Hong Kong's economy has yet to fully recover, a prime objective of the new new secretaries should be to quicken the pace of economic recovery. Many factors have contributed to the economic doldrums, among which is the issue of negative equity.

Negative equity curbs domestic consumption
It is estimated that nearly 300,000 home owners in Hong Kong are suffering from negative equity -- meaning their mortgages are worth more than their apartments. Such a situation obviously dampens retail sentiment and further pushes down consumption. Several recent surveys illustrate that negative equity is a chief cause for falling consumer spending, despite the rising confidence in the economy in recent months.

As Mr Leung said, home owners suffering from negative equity is one of the unstable factors affecting the Hong Kong economy. To accelerate a full-scale recovery, the SAR Government must take practicable measures. Though I have advised the government on possible courses of action many times, only recently has it announced that it plans to take measures to try and ease the situation. These include raising the flexibility in land supply, reducing the number of home ownership flats for sale and tightening the application criteria for such flats. But I consider that these measures are still inadequate, and as such have presented three more recommendations to the government.

First, the government must clarify its long-term housing policy and study whether construction of home ownership flats is contradictory to the underlying rationale. During the years when property prices rose considerably, construction of semi-financed home ownership flats encouraged public housing tenants to buy their own home and free up their flats to those really in need. Today, property prices have fallen considerably and I think the value of home ownership flats will compete with those of the private sector.

Second, the Monetary Authority should encourage banks to adopt a more relaxed approach towards mortgage rates. For example, it should provide a transition period for discrepancies between mortgage rates and market prices, in addition to the temporary arrangement of allowing the owners in need to repay the principal, but not the interest, of the loan. Third, the Monetary Authority should encourage local banks to implement identical mortgage policies for new and second-hand flats. This would stimulate the second-hand market and reduce pressure on homeowners with negative equity.

Legco will debate the negative equity issue in the near future, and I will keep you informed of the outcome.

Container handling fees dispute
The five-day blockade of container ports by lorry drivers after refusing to pay extra container handling fees also aroused much public debate.

I understand that the industry suffered considerable losses during the dispute and I am glad that the related parties reached a resolution to avoid even greater losses.

During a recent Legco Economic Affairs Committee meeting, a member proposed investigating whether container operators collaborated to raise charges, and whether the current charge mechanism can be monitored.

However, I object to hastily making a decision of such monitoring, because government intervention won't be as flexible and effective as free market regulation. Also, I think if shippers find fees too high, they will consider using other ports, such as Yentian in the Mainland. Therefore, operators know fees must be maintained at a reasonable level due to competing ports.

Employment (Amendment)(No. 2) Bill 2000
I believe the other issue of concern is the proposal of the government to amend legislation to improve protection of pregnant employees from groundless dismissal. But I find the amendments unfair to employers. In fact, there are already laws that protect pregnant employees from unreasonable dismissal. Only for gross acts of misconduct like fraud or dereliction of duty can an employer propose dismissal, according to the Employment Ordinance No. 9.

The government is planning to amend the existing legislation, and is suggesting that employers can even be prosecuted if they are deemed to have fired an employee without sufficient grounds for dismissal.

I think the threat of criminal prosecution will pose a great deal of pressure on employers. The government is obviously giving employees preferential treatment on this issue as they can sue employers who fail to employ the legislation. I will keep a close eye on this issue and welcome your opinions.

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