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Latest Posts By pharoah88 - Supreme      About pharoah88
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16-Jul-2010 09:48 Others   /   Is bucketing deemed an offence?       Go to Message
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Dabba Trading can be easily done for MANAGED ACCOUNTS ? ? ? ?

Laulan      ( Date: 15-Jul-2010 17:10) Posted:



I was seacrching the internet on securities bucketing. Because many of our local brokerage houses openly inform clients that they may take an opposite trade position of the customers, I am concerned about whether we have similar laws as the USA and India.  Here is your article.

 " Dabba Trading" also known as " Bucketing" is the process used by brokers to route their client's trades outside the Stock/Commodity exchange. In such trading, the broker either does not execute any trade or matches and execute trades on its own terminal. " Dabba" has its origin in the developed markets where a system called bucketing prevails. Bucketing is an illegal practice where a stockbroker executes a customer's trade without taking it to a stock exchange with the hope of making some gains at a future date.


Essentially, bucketing involves the confirmation of an order from a client without actually executing the order on the client's behalf. The anticipation is that the broker will be able to realize enough profit to offset the difference to the client at a future date, either due to executing the order at a later date or through profits generated on other transactions. Bucketing can take place in a couple of different ways. While all forms of bucketing involve the broker or brokers confirmation the execution of orders to the client that have not actually been completed, some forms of bucketing involve the broker executing the transaction on his or her own investment account. If the price rises, the broker realizes a profit and then belatedly executes the order for the client, but charging the higher rate. With this arrangement, there is a good chance that the investor will simply assume the price rose between the time of the decision to execute the transaction and the confirmation received from the broker that the transaction is complete.


The broking house that engages in this activity are called bucket shops. Dabba trading operates essentially like the American bucket shops of the 1920s that existed before the Securities and Exchange Commission (SEC) was set up.
The mechanics or Modus Operandi of Dabba Trading

 


The " Dabba" means box and in modern context, a computer. A Dabba operator in the securities market's parlance is the trader/operator who executes " Dabba Transactions" . His office is the replica of any broker office having number of customers executing the trade on the terminals linked to the exchange showing market rates/trades. Earlier, the " Dabba Operator" does not execute the investor's trade on the exchange but in his books. But now, the NSE & BSE has provided the facility for the investors to verify their trades on the NSE/BSE websites. This facility has made the broker vulnerable to be exposed to the investor's and can made him liable for civil & criminal remedy.

 


Now as the investor is sitting in the trading room of the broker or verifying the trades on the website of NSE/BSE using order/ trade number, the operators have developed a new and sophisticated view of doing " Dabba Trade" . In this process, they develop a program which is embedded with the existing trading software whereby, the operator executes a transaction on the trading terminal where the client is sitting but the embedded software immediately execute the reverse transaction. For Ex; if a trader buy one lot of ACC, the embedded software make it possible to execute the reverse transaction, i.e. sale of one ACC lot. This process can also be executed manually. In the evening when the trade files and STT files are downloaded from the exchange, then the client code of the reverse transaction is being changed to some dummy client code. Thus, the consequent effect of this transactions result into nil position of the client on the exchange. But the broker/operator raises the invoice of the trades instructed by the clients and not of the reverse transactions. Thus, when an investor verifies the transaction on the exchange using order number only transaction pertaining to that order number is verified and investors did not know about the counter transactions.

 


Violation of Securities laws:
In the stock marker when the broker executes the Dabba Trading in the clients account without executing the order on an exchange, it is the violation of Section 13 of Securities Contract Regulation Act, 1956 which states that transaction has to be at recognized Stock Exchange between the two recognized stock brokers of the exchange unless it is exempted. Section 18 of SCRA exempts only spot transactions from the purview of section 13 of SCRA. The act of " Dabba Trading" by the broker is punishable offence under Section 23 of SCRA.
Further the practice of " Dabba Trading" is covered under Regulation 3 and 4 of SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Markets) Regulations, 2003 & is punishable under Section 15 HA of SEBI Act, 1992.

 


A Dabba Trading also attracts Indian Penal Code and Information Technology Act, 2000 apart from the provision of SEBI Act.
 
As is generally understood rather fallacy lies in thinking that anything related to the securities and any violation related to securities is the domain of Securities Exchange Board of India and its laws and regulations. The fallacy also lie on the general misconception on the part of law enforcement agencies too which brush aside the complaint related to securities related frauds on the premise that same is the domain of SEBI and they do not have jurisdiction to deal with the complaints disclosing fraud played by the brokers or market intermediaries on the gullible investors.

 


It may so happen, the broker who flouts the SEBI Act, 2000 or its rules and regulations may also breach the provision of Indian Penal Code to cover up their misdeeds like they may try to give legitimate appearance to unauthorized fraudulent trades executed by them by making the fictitious entries in books of accounts, forgery and manipulation of books of accounts, forgery of contract notes & bills etc. with an intention to cheat the investor and thus commit the offence of criminal breach of trust in respect of funds & shares entrusted to the broker by the investor resulting in wrongful gain to broker & wrongful loss to the investor.
The malafide acts of the broker particularly Dabba Trading attracts the provision of Indian Penal Code and Information Technology Act as follows:-

 


(a) The broker by executing the transactions acts as an agent of the investor who is a principle. He is liable to account for all the transactions of the client on the exchange as a broker but when a broker executes a " Dabba Transactions" he acts as a principle with the investor. He becomes the counter party to the trade whereas he should be broker/agent who guarantees trade on the exchange on behalf of the investors. Thus, he can be held criminally liable within the meaning of Section 409 of India Penal Code.

 


(b) Now, with the levy of STT (Security Transaction Tax) this " Dabba Trading" also involves manipulation/forgery of STT which is a more serious offence, i.e. embezzlement of government revenue. Further, by changing the client code of the transactions, he commits forgery of the electronic records. The forgery of the electronic records and STT attracts the section 467/471 of IPC. The other staff, operators and accountants who incorporate the bogus transactions and accounting entries to manipulate the accounts in order to accommodate Dabba Transactions are also liable u/s 477-A of IPC and also for the conspiracy u/s 120-B IPC. Thus, the broker/operator and its staff who indulges in to the " Dabba Trading" can be prosecuted for the serious offences under the IPC which are punishable with imprisonment which may extend to 10 years.

 


(c) As the broker with a malafide intent to cause loss to the investors and corresponding gain to himself commits:-
(i) Manipulation of Electronic Records
(ii) Alteration of client codes in computer resource to fabricate transactions
The broker can be prosecuted for HYPERLINK " http://www.neerajaarora.com/" the offence u/s 66 Information Technology Act, 2000.


SEBI vis-A -vis prosecution under criminal statute
Thus, if broker or market intermediary who commits the offence of Dabba Trading which is a violation of provisions under SEBI Act then the criminal proceedings under penal statutes i.e. IPC, IT Act, 2000 can also be initiated at the same time.

I. SEBI is a remedial statute: It may be pertinent to mention here that the SEBI Act, 1992 is a remedial statute. The SEBI Act , 1992 came into force with effect from 30th January, 1992 and the preamble of the Act explains the objective which is " an act to provide for the establishment of a Board to protect the interests of investors in securities and to promote the development of, and to regulate the security market and for matters connected therewith or incidental thereto" . So the SEBI was established to protect the interest of the investors in securities and also for regulating the security market. The SEBI Act and the Regulations are intended to regulate the Security Market and related aspects and redress the grievances of the investors. The Hon'ble Supreme Court in the case of SEBI v. SHRIRAM MUTUAL FUND & ANOTHER has categorically held that " for breaches of provisions of SEBI Act and Regulations, according to us, which are civil in nature, mens rea is not essential."
II.   Offences under the IPC virtually imports the idea of " Men-rea" : On the other hand every offence under the Indian Penal Code virtually imports the idea of criminal intent or mens rea in some form or the other for the offences because the definitions of various offences contain expressly propositions as to the state of mind of the accused. The definitions state whether the act must have been done " intentionally" , " Voluntarily" , " knowingly" , " dishonestly" or " fraudulently" or the like. For example; Mens rea is one of the essential ingredients of the offence of cheating under Section 420 IPC because in order to attract the provisions of Sections 420 IPC, the guilty intent, at the time of making the promise is a requirement and an essential ingredient thereto.
III.   Indian Penal Code is a Penal Statute : The Indian Penal Code is a penal statute which is a complete statute which provides for prosecution of offender for any offence which is deemed to be committed against state. If there exists a right to prosecute under the Penal Code, such right cannot be impliedly taken away by the provision of another statute. Thus, the cognizable offences committed by the brokers under the Indian Penal Code or IT Act, 2000 may also entail certain acts which may also constitute violations of SEBI Act, 1992 or rules & regulations made thereunder, but that would not take investigation of the case out of realm of the provisions of Criminal Procedure Code.
IV.   The purpose of SEBI Act and Penal statute is different: The purpose of the penal statute is to seek prosecution of the offenders for the offences committed under the Indian Penal Code which is entirely different from that under SEBI Act, 1992 r/w rules & regulations there under which provides for penalty for the violation of civil/statutory obligations mentioned therein which are neither criminal nor quasi criminal, although to some extent the both acts may be overlapping as the acts of the offenders may entail some violations of SEBI Act.
V. SEBI Act has no overriding effect as per the SEBI Act and Expert committee report: It would not be out of place to mention here that SEBI Act has no overriding effect and it no where bars the prosecution under the Indian Penal Code which is clear from the provisions of Section 21 of SEBI Act, 1992 itself which provides as follows:
" Nothing in this Act shall exempt any person from any suit or other proceedings which might, apart from this Act, be brought against him."


Thus, the reading of the Section 21 of SEBI Act, 1992 itself infers that a person is not immune from criminal proceedings which may be brought against him under Criminal Procedure Code r/w Indian Penal Code owing to the fact that investigation or proceedings under him are initiated against him under the SEBI Act, 1992. Thus, the procedure and scheme of penalty & adjudication under the scheme of SEBI Act and Regulations & rules thereunder is specifically envisaged as supplemental to any other proceedings provided by any law for the time being in force. Moreover, the perusal of the Report of the Expert group headed by Mr. Justice M. H. Kania (former Chief Justice of India) for suggesting amendments to SEBI, Act 1992 reveals that SEBI Act has no overriding effect over other laws in the matter of securities. Infact the Expert committee recommended that SEBI Act may not be amended for giving an overriding effect to the SEBI Act over other laws. Further, the Hon'ble Supreme Court decision in Radheyshyam Khemka Vs. State of Bihar (1993) 77 Com. Case 356(SC) throws enough light on the role of dual agencies where enforcement of power is found overlapping. In Khemka's case the criminal proceeding pending against the appellants was challenged on the ground that since the provisions of the Companies Act take care of the interest of Investors and they put restrictions on the misbehaviour of the promoter and the directors of the company, for any lapse on their part in such matters they cannot be summoned to stand trial for offences under Indian penal Code. Demolishing this contention the Supreme Court held that:


" it is true that Companies Act contains Provisions regarding the issuance of prospectus, applications for shares and allotment thereof and provides different checks over the misuse of the funds collected from the public for issuance of shares or debentures. But can it be said that where persons issue prospectus and collect moneys from the public assuring them that they intend to do business with the public money for their benefit and the benefit of such public, but the real intention is to do no business other than collecting the money from the public for their personal gain, still such persons are immune from the provisions of the Indian Penal Code? In such a situation the quashing of the prosecution pending against the appellants only on the ground that it was open to the applicants for shares to have recourse to the provisions of the Companies Act, cannot be accepted"

 


Conclusion:
Thus, the aforesaid discussion clearly points out that the SEBI has no exclusive domain and the prosecution under the penal statute can be initiated in the securities related frauds if it attracts the cognizable offences punishable under the Indian Penal Code or IT Act, 2000. If the prosecution under the penal statute is not launched in such cases it may well mean that the accused in such cases would then be well ensconced and insulated from the legal consequences of a proper and effective investigation. Criminal justice would be the serious casualty then and in this type of situation the police has merely to look askance at such accused brokers helplessly on the mere fallacious misinterpretation of law that an offence or breach of provision under SEBI Act is also involved and hence the criminal proceedings cannot be initiated in these circumstances.
HYPERLINK " http://www.neerajaarora.com/" Neeraj Aarora
(Advocate)


 


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16-Jul-2010 09:42 Others   /   Is bucketing deemed an offence?       Go to Message
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WHY MAS stIll don't regulate

- LAND BANKiNG

- WiNE  iNVESTMENT

- ? ? ? ?



knight-trader      ( Date: 16-Jul-2010 05:38) Posted:



Thanks Laulan for the article about bucket shops.

 Yes, previously there were a lot of bucket shops in Singapore 'dealing' with soft commodities such as soyabean, pork bellies, etc. Their modus operandi was to provide free seminars which attracted many Singaporeans looking to make their money works for them. The speaker and the rest of the staff were usually very well-dressed, unsurprisingly of course to give a false image. At that time, i was still doing my National Service way back in 1996 and i was 'conned' to invest $7000 (which is a lot considering i was only given $300 NS allowance every month) with one of the so-called traders who i believe know nuts about trading, except some very basic TA such as support and resistance and the use of stochastics. well at least that's what i can remembered. I was a newbie in investing, let alone in trading.

To cut the long story short, two weeks after i 'invested', the trader called me and said i have to top up my account. I said what the hell is going on and refused. Instead, i wanted to withdraw the balance but was told the account was left with about $1500. I asked for the trading records and yes, they gave me some paper slips. I thought he was such a lousy trader but only later did i found out that the trades weren't really executed in the real market. When they kept delaying the payment, i reported them to CAD. After numerous coffee sessions with the CAD, the company stopped operation and in the end, the trader returned back the money to me by installment, $150 each time. Soon after that, i think the MAS regulated the whole industry and those unregulated bucket shops were forced to close their business. It's funny that MAS can allow such bucket shops to operated in Singapore for so many years.

Anyway, looking back, this is where my trading journey actually started. Smiley 


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16-Jul-2010 09:37 Straits Times Index   /   STI to cross 3000 boosted by long-term investors       Go to Message
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Why OPEC May Collapse
By Keith Kohl | Thursday, July 15th, 2010

There's a moment that every oil-exporting country will experience, sooner or later.

The few select countries lucky enough to label themselves "oil exporter" know it — and have nightmares of the day their number is up.

Why the fright?

Because we live in a cutthroat, fossil fuel-driven world — a reality we have little chance of changing in our lifetime.

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16-Jul-2010 09:36 Others   /   DOW & STI       Go to Message
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Why OPEC May Collapse
By Keith Kohl | Thursday, July 15th, 2010

There's a moment that every oil-exporting country will experience, sooner or later.

The few select countries lucky enough to label themselves "oil exporter" know it — and have nightmares of the day their number is up.

Why the fright?

Because we live in a cutthroat, fossil fuel-driven world — a reality we have little chance of changing in our lifetime.

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16-Jul-2010 09:34 Others   /   DOW & STI       Go to Message
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16-Jul-2010 09:32 Straits Times Index   /   STI to cross 3000 boosted by long-term investors       Go to Message
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15-Jul-2010 18:25 Others   /   Hunting for GOD or MFT       Go to Message
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Asian Celeb Lawbreakers

LAW BREAKERS ? ? ? ?

GODLESS ? ? ? ?
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15-Jul-2010 17:00 Others   /   World Cup 2010       Go to Message
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15-Jul-2010 16:57 Others   /   World Cup 2010       Go to Message
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lilyran      ( Date: 12-Jul-2010 15:12) Posted:



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墨鱼-mo yu

花枝-hua zhi

鱿鱼-you yu

柔鱼-rou yu

枪乌贼-qiang wu zei

章鱼-zhang yu

八爪鱼-ba zhua yu

 

 

 

this is verrrry good!

 

 

 

_________________________________________________

i'm a super star with big big heart, with big big heart,

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15-Jul-2010 16:02 Straits Times Index   /   STI to cross 3000 boosted by long-term investors       Go to Message
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MTI’s updated forecast


The Ministry of Trade and

They were: Better economic performance in the first quarter of this year, stronger-than-expected economic growth in the second quarter and anticipated slowdown in growth momentum for the rest of the year.

Q2 GDP GROWTH by sector

                                                           On-quarter           On-year

Overall                                                    19.3                      26.0

Manufacturing                                     45.5                      63.0

Construction                                         13.5                      35.9

Services producing                             11.4                      11.7

Source : MTI
 Industry (MTI) said its updated growth forecast reflects three factors.

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15-Jul-2010 15:45 GLD USD   /   Gold going up this year?       Go to Message
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Despite the Greek crisis, some fundamental factors may still drive gold prices up in coming months

All that glitters is GOLD

EVY HAMBRO

O

In the first six months of this year, against the backdrop of very volatile global equities markets, gold bullion has gained over 13 per cent to finish at US$1,242 per ounce at the end of last month on the back of continued investor concerns over the Greek debt crisis and the prospect of contagion.

With gold hitting all-time highs in several currencies in recent weeks including the euro, we thought it would be worthwhile to remind investors of the fundamental factors which may drive the gold price in coming months and years.

ver the past nine years, gold has managed to post successive increases in its annual average price, navigating the choppiest of waters.Demand Side

We continue to see strong investment demand for gold, with investors viewing gold, a real asset, as a hedge against medium-term inflationary pressures and potential US dollar weakness, while also providing important diversification benefits as investors continue to look to gold as a safe haven asset and an alternative currency in the face of volatile currency markets.

These issues, in our view, may take some time to resolve.

Jewellery demand, which has in the past made up the largest component of total consumption, has been weak during the credit crisis.

It was down by around 20 per cent last year but has remained strong in emerging markets and is likely to grow in the future.

Indian gold imports were 30 tonnes in March, an 84 per cent increase compared to last year.

It is believed that this may have been driven by restocking by Indian jewellers in advance of the Indian wedding season.

An estimated one million weddings were believed to have taken place in India between April and May alone.

The World Gold Council announced that they expected the demand for gold in China to double over the forthcoming decade.

They forecast this coming from both jewellery and investment demand, as the world’s fastest growing consumer of the yellow metal has more than doubled its share of global demand in the past seven years — from 5 per cent to 11 per cent.

Supply Side

Since mine supply peaked in 2001, the gold mining industry has been struggling to grow production.

Despite an increase of 6 per cent (by 144 tonnes) last year, which was mainly driven by the Grasberg Mine in the province of Papua in Indonesia, there is little material sign of growth during the coming few years.

In fact, there are few operations next year and in 2012 of notable size and others are exhausted so the growth in supply we saw last year may be offset by declines elsewhere.

We estimate that the allin cost for a new ounce of production is between US$850 to US$900 per ounce once exploration, capital expenditure and operating costs are taken into account.

In addition, those areas where gold mineralisation is being discovered tend to be in regions of higher political risk.

At the current price there is not sufficient incentive for gold mining companies to bring on significant amounts of new supply.

Cen tral Banks

We have seen developing countries (most notably, China and India) increasing their gold reserves as they seek to diversify their Foreign Exchange Reserves, in particular to reduce their exposure to the US dollar.

It is also notable that recently there has been a distinct lack of gold supply into the market from European Central Bank and the only known vendor has been the International Monetary Fund (IMF).

Over the past few years, around 400 tonnes of gold has typically been sold into the market by both Central Banks and the IMF.

In this year so far, the IMF sold limited volumes, indicating that central banks are increasingly reluctant to sell down their gold holdings.

The conclusion that can be drawn from this is that gold is now seriously considered by Central Banks as a monetary asset and a useful source of diversification in a way that has not been seen for at least the last two decades.

Whilst the immediate impact of this strategic shift on the gold price may be limited to possible supply curtailments, the long-term implications are extremely supportive as looking back over the last fifty years.

Central Banks have tended to be a good indicator of broader investor appetite for gold.A key recent development is the strategic shift in the attitude of the world’s Central Banks towards gold.

Still a safe haven asset

Whilst uncertainty remains in financial markets and concerns shift from corporate debt to sovereign debt, investors may continue to look to gold as a safe haven asset and an alternative currency as gold reaches all time highs in euro and sterling terms.

Also, investors are increasingly looking to gold as a hedge against inflation and potential US dollar weakness.

In terms of supply, long term fundamentals remain tight with little sign of any material increases in mine production, and central bank supply is also at reduced levels which for many years was a notable source of supply. Market fundamentals suggest that gold prices are well supported.

The writer is managing director and joint chief investment officer of the natural resources team at BlackRock.

 

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15-Jul-2010 15:28 Keppel Land   /   Kepland       Go to Message
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Kepp el Land

Underperform | $4.08

Macquarie keeps “underperform” call but lifts Keppel Land target price to $3.07 from S$2.31 after increasing RNAV estimate by 17 per cent to reflect improved outlook for Singapore office sector.

New target based on smaller 15 per cent discount to RNAV estimate vs 25 per cent previously.

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15-Jul-2010 14:53 Others   /   Hunting for GOD or MFT       Go to Message
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He wants to

CARE  ALL the CARELESS 

in SINGAPORE
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15-Jul-2010 14:47 Others   /   Hunting for GOD or MFT       Go to Message
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He wants to CATCH all the Thieves in SINGAPORE.

His letter is posted below earlier.

I SAY

When someone else’s problem is really everyone’s problem

Letter from Melvin Chan

 



freeme      ( Date: 15-Jul-2010 14:14) Posted:

.... who is melvin chan

pharoah88      ( Date: 15-Jul-2010 14:11) Posted:



Melvin Chan

seems LiKE  GOD

but  not  yet

EMPOWERED


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15-Jul-2010 14:42 DBS   /   DBS       Go to Message
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 Saying ‘I’m sorry’ without prejudice

Mak Yuen Teen

O

She went on to explain that the data she’d given to my boss for an important presentation he was due to make in a few days had contained errors. The presentation had been submitted to the conference organisers. As she continued to explain how the errors had occurred, the more senior staff said: “YT, it is not her mistake. It is my mistake for failing to check the work properly. I am responsible.”

I sat down with them and it emerged that the errors were partly caused by somebody else. But they did not try to shift the blame.

We corrected the errors, informed my boss — who took it well — and no damage was done.

Someone once said: “Employees always make mistakes. It’s whether they tell you or not.” My two staff demonstrated so many important qualities that cannot be easily assessed in an annual performance review — courage, integrity, responsibility, just to name a few. However, the fact that the opening words that came out were “I’m sorry” was important to how I reacted to the incident.

About six months after my return to Singapore in the mid ’90s, I was driving a tank of a car, a Volvo. As I had lived in and driven in a country where only tourists from strange countries like Singapore do reverse parking, I was not used to reverse parking.

One day, I reversed into the front of a brand-new Japanese car — obviously, the Japanese car had no chance. There was no one in sight and little chance that someone would have seen my deed. The devil in me wanted to drive away, but he lost. I left a message on the windscreen saying, “I’m sorry that I reversed into your car. Please contact me so that I can pay for the damage.”

A couple of hours later, the owner of the car called. He told me the accident would inconvenience him, but he was very grateful to me for taking responsibility.nce when I was on leave from the university and running the regional research office for a global consulting firm, two of my staff walked into my office. The more junior staff said: “I’m sorry, YT. I’ve made a big mistake.”

CONTRIVED APOLOGIES

There have been times when I should have said sorry, did not, and wished I had. I think much of the hostility that arises when things go badly wrong can be defused if the people involved would just have the humility to say: “I’m sorry. I could have done better.”

I am concerned about the lack of willingness of business leaders to say sorry when they or their companies have made mistakes or could have done better. In cases where some business leaders have “apologised”, the “apologies” were often evasive or non-specific and came across as contrived.

The following are “apologies” from some of Wall Street CEOs and employees, as spotted on a

• Mr Alan Schwartz, former Bear Stearns CEO: “I just simply have not been able to come up with anything, even with the benefit of hindsight, that would have made a difference.”

• Mr Chuck Prince, former Citigroup CEO: “I’m sorry the financial crisis has had such a devastating impact for our country.

I’m sorry about the millions of people, average Americans, who lost their homes.

And I’m sorry that our management team, starting with me, like so many others could not see the unprecedented market collapse that lay before us.”

• Mr Dick Fuld, former CEO of Lehman:

“What we did wrong is I believe that we did not understand the contagion of one security, one asset class to the next. I believe that we did not — and I take — I take responsibility for this — I did not see the depth and violence of this crisis … I would say that bad judgments were made regarding the market, yes.”

• Mr Lloyd Blankfein, Goldman Sachs CEO: “I heard nothing today that makes me think anything went wrong,”

Mr Gerald Levin, former CEO of Time Warner who presided over the disastrous deal with AOL, recently made an apology on CNBC’s

While it was good of him to apologise, it came almost 10 years after the event.Wall Street Journal blog:Squawk Box. He said: “I presided over the worst deal of the century, apparently ... I guess it’s time for those who are involved in companies to stand up and say: ‘You know what I’m solely responsible for it.’ I was the CEO. I was in charge. I’m really very sorry about the pain and suffering and loss that was caused. I take responsibility. It wasn’t the board. It wasn’t my colleagues at Time Warner.”

FEAR OF LIABILITY

Why have we come to this? Why is it so hard to say sorry? One reason is probably pride.

But perhaps the more important reason is the fear of legal liability when one apologises.

I was dismayed to discover on the Internet an article that says apologies are risky and that CEOs should consider eleven questions before they do so!

I was both amused and flabbergasted to discover that, in the United States, the federal government and 34 states have enacted “apology-immunity” statutes which make expressions of sympathy inadmissible. In other words, laws are needed to allow people to say that they are sorry.  It is so sad.

But I think it need not be this way, at least in Singapore. We do not have a highly litigious society and I hope we stay that way. Saying sorry often gains respect and helps prevent further damage.

I am glad the CEO of DBS, Mr Piyush Gupta, has publicly apologised to DBS and POSB customers for the recent disruption in banking and ATM services. In his letter, he wrote: “You have every right to expect uninterrupted services 24/7, 365 days a year from us and I am sorry we have failed you on that count.”

But I am disappointed that in all the many corporate sector scandals we have seen in Singapore, where shareholders have lost large sums of money through fraud, dishonesty or mismanagement, we have seldom — if ever — heard a CEO or director say they are sorry and that they could have done better.

So, what happened to my two staff?

When I left to return to the university, they told me they wanted to move on too. It became my personal mission to use my contacts to help them find good jobs because I believe the qualities they demonstrated will make them assets to any organisation.

The writer is associate professor of accounting at the NUS Business School.

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15-Jul-2010 14:38 Others   /   Hunting for GOD or MFT       Go to Message
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Saying ‘I’m sorry’ without prejudice

Mak Yuen Teen

O

She went on to explain that the data she’d given to my boss for an important presentation he was due to make in a few days had contained errors. The presentation had been submitted to the conference organisers. As she continued to explain how the errors had occurred, the more senior staff said: “YT, it is not her mistake. It is my mistake for failing to check the work properly. I am responsible.”

I sat down with them and it emerged that the errors were partly caused by somebody else. But they did not try to shift the blame.

We corrected the errors, informed my boss — who took it well — and no damage was done.

Someone once said: “Employees always make mistakes. It’s whether they tell you or not.” My two staff demonstrated so many important qualities that cannot be easily assessed in an annual performance review — courage, integrity, responsibility, just to name a few. However, the fact that the opening words that came out were “I’m sorry” was important to how I reacted to the incident.

About six months after my return to Singapore in the mid ’90s, I was driving a tank of a car, a Volvo. As I had lived in and driven in a country where only tourists from strange countries like Singapore do reverse parking, I was not used to reverse parking.

One day, I reversed into the front of a brand-new Japanese car — obviously, the Japanese car had no chance. There was no one in sight and little chance that someone would have seen my deed. The devil in me wanted to drive away, but he lost. I left a message on the windscreen saying, “I’m sorry that I reversed into your car. Please contact me so that I can pay for the damage.”

A couple of hours later, the owner of the car called. He told me the accident would inconvenience him, but he was very grateful to me for taking responsibility.nce when I was on leave from the university and running the regional research office for a global consulting firm, two of my staff walked into my office. The more junior staff said: “I’m sorry, YT. I’ve made a big mistake.”

CONTRIVED APOLOGIES

There have been times when I should have said sorry, did not, and wished I had. I think much of the hostility that arises when things go badly wrong can be defused if the people involved would just have the humility to say: “I’m sorry. I could have done better.”

I am concerned about the lack of willingness of business leaders to say sorry when they or their companies have made mistakes or could have done better. In cases where some business leaders have “apologised”, the “apologies” were often evasive or non-specific and came across as contrived.

The following are “apologies” from some of Wall Street CEOs and employees, as spotted on a

• Mr Alan Schwartz, former Bear Stearns CEO: “I just simply have not been able to come up with anything, even with the benefit of hindsight, that would have made a difference.”

• Mr Chuck Prince, former Citigroup CEO: “I’m sorry the financial crisis has had such a devastating impact for our country.

I’m sorry about the millions of people, average Americans, who lost their homes.

And I’m sorry that our management team, starting with me, like so many others could not see the unprecedented market collapse that lay before us.”

• Mr Dick Fuld, former CEO of Lehman:

“What we did wrong is I believe that we did not understand the contagion of one security, one asset class to the next. I believe that we did not — and I take — I take responsibility for this — I did not see the depth and violence of this crisis … I would say that bad judgments were made regarding the market, yes.”

• Mr Lloyd Blankfein, Goldman Sachs CEO: “I heard nothing today that makes me think anything went wrong,”

Mr Gerald Levin, former CEO of Time Warner who presided over the disastrous deal with AOL, recently made an apology on CNBC’s

While it was good of him to apologise, it came almost 10 years after the event.Wall Street Journal blog:Squawk Box. He said: “I presided over the worst deal of the century, apparently ... I guess it’s time for those who are involved in companies to stand up and say: ‘You know what I’m solely responsible for it.’ I was the CEO. I was in charge. I’m really very sorry about the pain and suffering and loss that was caused. I take responsibility. It wasn’t the board. It wasn’t my colleagues at Time Warner.”

FEAR OF LIABILITY

Why have we come to this? Why is it so hard to say sorry? One reason is probably pride.

But perhaps the more important reason is the fear of legal liability when one apologises.

I was dismayed to discover on the Internet an article that says apologies are risky and that CEOs should consider eleven questions before they do so!

I was both amused and flabbergasted to discover that, in the United States, the federal government and 34 states have enacted “apology-immunity” statutes which make expressions of sympathy inadmissible. In other words, laws are needed to allow people to say that they are sorry.  It is so sad.

But I think it need not be this way, at least in Singapore. We do not have a highly litigious society and I hope we stay that way. Saying sorry often gains respect and helps prevent further damage.

I am glad the CEO of DBS, Mr Piyush Gupta, has publicly apologised to DBS and POSB customers for the recent disruption in banking and ATM services. In his letter, he wrote: “You have every right to expect uninterrupted services 24/7, 365 days a year from us and I am sorry we have failed you on that count.”

But I am disappointed that in all the many corporate sector scandals we have seen in Singapore, where shareholders have lost large sums of money through fraud, dishonesty or mismanagement, we have seldom — if ever — heard a CEO or director say they are sorry and that they could have done better.

So, what happened to my two staff?

When I left to return to the university, they told me they wanted to move on too. It became my personal mission to use my contacts to help them find good jobs because I believe the qualities they demonstrated will make them assets to any organisation.

The writer is associate professor of accounting at the NUS Business School.

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15-Jul-2010 14:23 Others   /   Hunting for GOD or MFT       Go to Message
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Is the public space being shut down in Malaysia?

W

As is often the case when the powerful run out of articulate replies, force becomes the answer. Ever since the Bersih movement for fair elections carried out its highly successful demonstration in October 2007, and the Hindraf rally the following month finally gave voice to the long-suffering Indian Malaysian community, the ruling Barisan Nasional (BN) has been left without convincing arguments in support of its style of governance and its refusal to reform discredited institutions and remove discredited individuals.

Instead, still ignorant of the mood on the ground, the BN continued using the Internal Security Act (ISA) and its leaders continued to wave the keris and condone arrogance in its ranks.

Though shocked by the March 8 election results of 2008, it nevertheless took the BN a whole year to get rid of an ineffectual Abdullah Badawi. The expansion of public space during Mr Abdullah’s period was put to good use by many Malaysians — but not by the governing parties, which remained stuck in the comfort of old mindsets.

However, no one can accuse Prime Minister Najib Razak of being ignorant of what needs doing. His first act as the country’s new leader was to release ISA detainees, and he immediately tried to brand his administration with the phrase “One Malaysia, people first, performance now”.

Among other things, he altered regulations to ease the flow of foreign investments and rolled out with the New Economic Model to replace the mindset fostered over 40 years by the New Economic Policy.

And yet, these moves have not been able to turn the tide. No doubt, they have made the Prime Minister a more popular man, judging by recent polls. But the political regime he heads is still on the defensive.

In the end, it is about votes, and the ruling coalition has not been doing too well in the by-elections that have taken place since the general election. The latest in Sibu, which the BN lost by a tiny margin, shook the Premier’s confidence.

Is time running out for his administration?

Despite initiatives targeted at winning the middle ground, his party and its allies are still unable to regain non-Malay votes, and his government is still unable to raise its credibility.

Most challenging to Mr Najib is the resistance coming from within his own party. The integrity of his reform programme hangs on his willingness or ability to brush this aside.

The latest rumours about the bad economic health of the Federal Land Development Authority (Felda) hit the BN where it hurts most. If the feeling spreads among rural Malays that Felda has been seriously mismanaged, then the Parti Islam SeMalaysia (PAS) would be able to gain critical ground in Umno’s heartlands.

The fact that it was

The party is defying the Home Ministry and is still going to press, though under a new banner.

At the same time, PAS’ weekly,

The latest in this alarming sequence is the ministry’s threat to close down the Democratic Action Party’s monthly,

Truth be told, it has been common in Malaysia for applications for obligatory annual extensions to publication permits to take many months to process.

So, how is Premier Najib to get out of this latest dilemma?  The answer is simple.

He can turn the matter into an issue of procedural inefficiency on the part of the Home Ministry. If publication permits are to be given by the year, then the least the public can expect is for the turnaround time for applications to be minimal, if not automated.

However, the larger picture is about public debate. Mr Najib’s “One Malaysia” was his attempt to counteract the opposition’s simpler message of good governance.

Let us hope the failure of “One Malaysia” to stimulate renewal within the BN does not lead a desperate government to limit public space even further.hat is to be made of the Malaysian government’s move to close down all the periodicals published by the opposition coalition?   Is public debate being shut down?Suara Keadilan, the weekly journal of Parti Keadilan Rakyat, which claimed that Felda was basically bankrupt, made it convenient for the government to withdraw its publishing licence.Harakah, also ran into trouble. The ministry refused to extend its permit when that ran out on July 7 and now has the journal’s back against the wall for daring to continue publication.The Rocket. Here again, the excuse was the lack of an extended permit.

The writer is Senior Fellow at the Institute of South-east Asian Studies. His latest book is Pilot Studies for a New Penang.

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15-Jul-2010 14:11 Others   /   Hunting for GOD or MFT       Go to Message
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Melvin Chan

seems LiKE  GOD

but  not  yet

EMPOWERED
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15-Jul-2010 13:56 Others   /   Hunting for GOD or MFT       Go to Message
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I SAY

When someone else’s problem is really everyone’s problem

Letter from Melvin Chan

O

The other day, as I opened the fridge door for my drink, another man also reached into the fridge to get a can for himself — but in a curious manner, opening the door just enough to slide the can out, and standing at an angle where the store owners would not be able to see him.

It was only after I’d taken my drink to the counter that I realised the man wasn’t in the queue, and had in fact disappeared from the shop.

Thief!

I told the store owner, but by then it was too late. The man had disappeared into the morning rush-hour crowd. Unable to help further, I continued on my way to work, but as I passed another shopping centre (“Building B”), I saw the thief again.

Fortunately (or so I thought), I saw a security guard doing his morning rounds. I promptly told the security guard what had just happened.

“That man there has just stolen something from a shop,” I said.

The security guard got very excited.

“The shop is in Building A,” I added, helpfully.

“Oh, Building A! I’m sorry,” he said, smiled, then shook his head and pointed out that he was a guard for Building B.

Building A, he implied, was not within his jurisdiction.

The least he could do, I said, was to help me to detain the man — who by the look of it had possibly stolen other things from other stores as well, judging by the rather full plastic bag he was now carrying.

“No, Building B only.”

By then, the man had crossed the road and boarded a bus.

It’s ridiculous that an innocent stallholder had to suffer a loss, and that a petty crook got away scot-free, because a security guard would not go a little out of his way to help detain him, just because the “victim” was a tenant in a different building. It doesn’t matter if the loot was just one canned drink.

This “someone else’s problem” mindset is most disappointing. Yes, you may be paid to guard one building — but civicconsciousness is everybody’s duty.n the way to work every morning, I usually stop by a small deli located at the corner of a downtown building — let’s call it Building A — to buy a drink.

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15-Jul-2010 13:42 DBS   /   DBS       Go to Message
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THE  TRUTH

THE  RICH  NEVER  PAY  GST



Luostock      ( Date: 15-Jul-2010 12:12) Posted:



GST is bad for business !

In service line, some customers refuse to pay GST, to get the business the providers have to absorb the GST.

If the POSB book cannot be updated, you can try bending the book backward a bit esp the spine part. I have tried a few times and it works.

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