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Panama Papers
Opinion

Panama Papers: Are businesspeople serving on public bodies an asset or a liability?

Bernard Chan says the scandal reveals strong worries about possible conflicts of interest when those in business take on public service, and this must be addressed

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People pass by the offices of the Mossack Fonseca law firm in Panama City. Photo: Reuters
Bernard Chan
One month ago, a major news story broke. Over 11 million documents had been leaked from a Panamanian law firm that specialised in setting up offshore companies. Reporters around the world had been searching through the papers. Now they were releasing the names of public figures from many countries who owned companies in places like the British Virgin Islands.

In the public’s mind, offshore companies are associated with wealthy tax evaders, money launderers and people with something to hide. Several national leaders and former leaders from various countries were named, along with many of their friends and relatives. The media also reported that Hong Kong was home to the largest number of banks and law firms connected with these offshore companies.

Within days, my phone started to ring. Hong Kong reporters involved in searching through the leaked data had found names of local people holding public office. I was one of them.

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One reporter thought he had found something: the Companies Registry shows me as a director of a couple of companies that are not mentioned on my declaration of interests as a non-official member of the Executive Council. I was able to tell him that disclosure is not necessary for positions – like these – that are not remunerated or if you own less than 1 per cent of the company.

Protesters hold placards expressing outrage over the revelations of the Panama Papers, and demanding that the rich pay their taxes, near the regional head office of the law firm Mossack Fonseca in Hong Kong. Photo: AP
Protesters hold placards expressing outrage over the revelations of the Panama Papers, and demanding that the rich pay their taxes, near the regional head office of the law firm Mossack Fonseca in Hong Kong. Photo: AP

Prominent Hong Kong politicians and businessmen named in new round of Panama Papers leaks

The reporter moved on to two British Virgin Island (BVI) companies (which are on the Exco declaration of interests). I explained that they are holding companies for the family business, and my holdings are only 0.09 per cent of one, and 1.3 per cent of the other. He was trying to find an angle for his story. Because any mention of “offshore companies” makes people think of wrongdoing, he brought up the subjects of tax-evasion and abuse of offshore centres’ privacy laws.

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