>From Int'l Herald Tribune

Paris, Saturday, March 20, 1999


In Hong Kong, a Growing Sense That Tycoons Skew Competition


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By Philip Segal International Herald Tribune
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HONG KONG - On any morning, a typical resident here may wake up in an
apartment developed by one of a handful of billionaire Hong Kong property
owners, take a bus to work owned by one of the same tycoons, and make a
mobile phone call along the way over a tycoon-owned network.

On the way home, he may stop off at one of the two dominant grocery stores
or pharmacies owned by tycoons, go to the post office to pick up a package
that was cleared through the port by a tycoon-owned freight handler, or
perhaps pay an electricity bill from a utility controlled by a tycoon.

Most casual students of Hong Kong know that a handful of fabulously rich
people here control the bulk of real estate development, which is the
lifeblood of the economy. Less well known is how concentrated other parts
of the economy are, often in those same few, wealthy hands.

While Hong Kong was voted for four years running as the world's freest
economy by the conservative Heritage Foundation of the United States,
partly because it has one of the world's lowest tax rates and few trade
barriers, the reality of its domestic economy is another story. It features
a rash of anti-competitive restrictions and one of the weakest competition
regimes in the developed world.

Calls by Hong Kong's independent Consumer Council for a competition
authority to monitor the government's handing out of licenses and contracts
have been rebuffed by government officials, who contend that they are well
able to police industry themselves. Yet, the dispute continues.

''In the course of discussions with trade bodies and businesses,
particularly small and medium enterprises, the Consumer Council has been
made aware of the lack of a level playing field and a vulnerability to
monopoly practices in some sectors of the economy, such as anti-competitive
cross-subsidization, exclusive dealing, price discrimination, resale price
maintenance and price-fixing,'' the council said in a recent submission to
the legislature.

''Due to the fact that some very large and powerful businesses have
involvement across different sectors, it may be difficult for the various
government agencies to monitor market conduct,'' it added.

In earlier studies of key sectors of the Hong Kong economy, the council has
found a low level of competition in several sectors, including bank
deposits, supermarket sales and the supply of gas. Today, only interest
rates on deposits of less than a week are still set by a banking cartel,
but until a few years ago, all interest rates were set this way.

''While free and open competition has long been the case in the traded
sectors of the Hong Kong economy, this has not been the case in some
nontraded sectors,'' said the Vision 2047 Foundation, a nonprofit
organization, in a 1996 report, ''The Hong Kong Advantage.''

This is hardly anything new. Since the handover to China in 1997, the
traditional colonial practice of Britain - the striking of lucrative deals
with large business interests in secret - has continued.

The latest example to elicit sharp protests came in the budget presented
March 3, Then, contrary to normal procedure by which land is auctioned or
tendered to the highest bidder, the government awarded a massive amount of
prime land to the son of the tycoon Li Ka-shing, Richard Li, to develop a
$1.7 billion ''cyberport,'' part of Hong Kong's recent push into high
technology.

About half of the money will come from Mr. Li's company, which will be
allowed to develop one third of the site for expensive, residential
property. Critics say the cyberport is simply another mixed use real estate
development, dressed up to camouflage a secretive deal that benefits Hong
Kong's leading commercial family.

''Has the government suddenly changed the rules of the game'' from open
tender? asked Emily Lau, an opposition legislator. ''Are there going to be
more and more such secret deals in future?''

''Auctions and tenders have always served us well in bringing us the best
possible prices'' for land, wrote Jake van der Kamp this week in his column
in the South China Morning Post. ''Others should have had an opportunity to
submit their proposals for a project this big.''

Speaking Wednesday at a seminar on the cyberport, Hong Kong's financial
secretary, Donald Tsang, insisted that the cyberport had been created in
''a highly competitive environment,'' adding: ''Cronyism is never in Hong
Kong's dictionary.'' Hong Kong, he added, prided itself ''on being
transparent and we always maintain a level playing field.''

Companies such as Microsoft Corp. and Yahoo! Inc. have signed on to lease
space in the cyberport, though it is unclear what if anything they will do
once there that they could not already do in other premises in Hong Kong.

The government defended its conduct, saying an open tender would have
delayed the start of the cyberport by six months or more. ''Six months is a
century in the development of information technology,'' said the
information secretary, K.C. Kwong. ''We are competing with the whole
world.''

Other areas in which the Consumer Council alleges sluggish competition
include the oil industry in Hong Kong. The council has begun an
investigation into retail pricing of liquid petroleum gas, after the
handful of service station companies were allegedly slow to lower the
retail price of their product even though import prices were plunging.

This ''points to a lack of competition in the retail supply,'' the council
said.

Another area of controversy is telecommunications, where legislators and
companies that are not owned by tycoons are alleging that the government is
backtracking on plans to liberalize the fixed-line telephone sector.

After Hongkong Telecom's phone monopoly was broken in 1995, the government
licensed three companies to provide fixed-line service. All three companies
were controlled by three of the largest property empires in the city.

Now, the three-year moratorium on new competitors has passed, but the
government is being accused by other phone companies of buckling under to
statements by Li Ka-shing, who said that he would make fewer investments in
his phone network if he had to face more competition.


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