COMPARATIVE VIEW ON THE MARKET ACCESS SUPERVISION OVER FOREIGN BANKS IN CHINA AND HONG KONG

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Chengzhi Yang

Abstract

In recent years, with the deepening of economic and financial integration in the world, more transnational banks intend to access China markets for doing business, and therefore the voices for opening China’s domestic markets as well as improving foreign bank market access supervision are high.  The thesis introduces mainland China’s foreign bank market access supervision, including its supervisory regime, legislative pattern, legal requirements and the procedures of foreign bank market access, and then provides a comparative perspective with Hong Kong’s foreign bank market access supervision. Based on such comparison between mainland China and Hong Kong, the thesis outlines four main issues of foreign bank market access supervision in mainland China, including its decentralized supervisory regime, disorganized supervisory legislative system, strict business access restrictions, and unreasonable access procedures, and proposes solutions in response to these issues by taking reference from Hong Kong’s advanced experience.

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References

BOOKS
China Banking Regulatory Commission. Annual Report 2015. China Financial Press. 2016. 5
Electronic Media
State Administration of Foreign Exchange < Major Functions>
http://www.safe.gov.cn/wps/portal/english/AboutSAFE/Major (last visited 22 May 2017)
Hong Kong Monetary Authority
http://www.hkma.gov.hk/eng/key-functions/banking-stability/banking-policy-and-supervision/regulatory-framework.shtml (last visited 22 May 2017)
Hong Kong Monetary Authority
http://www.hkma.gov.hk/eng/key-functions/banking-stability/banking-policy-and-supervision/three-tier-banking-system.shtml (last visited 22 May 2017)
Laws and regulations
Regulation of the People's Republic of China on the Administration of Foreign-funded Banks, State Council, 2014 Amendment
Implementation Rules for the Regulations of the People's Republic of China on the Administration of Foreign-funded Banks, China Banking Regulatory Commission, 2015 Amendment.
Implementation Measures of the China Banking Regulatory Commission for the Administrative Licensing Items concerning Foreign-Funded Banks, Order No. 4 [2015] of the China Banking Regulatory Commission, 2015 Amendment.
Administrative Measures on Appointment Qualifications of Directors (Council Members) and Senior Management Personnel of Financial Institutions in the Banking Industry. 2013 Version.
Banking Ordinance of Hong Kong (Chapter 155)
Guide to Authorization, HKMA revised on 18 November 2016.