1 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY BE HEARD. BE RECOGNISED. 2 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY CPA Australia Ltd (‘CPA Australia’) is one of the world’s largest accounting bodies representing more than 150,000 members of the financial, accounting and business profession in 121 countries. ISBN 978-1-921742-56-9 For information about CPA Australia, visit our website cpaaustralia.com.au First published 2014 CPA Australia Ltd ACN 008 392 452 Level 20, 28 Freshwater Place Southbank Vic 3006 Australia Copyright © CPA Australia Ltd 2014. CPA Australia owns all copyright in these materials or uses it under licence or applicable law. For permission to reproduce any material, a request in writing is to be made to the Legal Business Unit, CPA Australia Ltd, Level 20, 28 Freshwater Place, Southbank, Victoria 3006. DISCLAIMER: CPA Australia Ltd has used reasonable care and skill in compiling the content of these materials. However, CPA Australia Ltd makes no warranty that the materials are accurate and up to date. These materials do not constitute the provision of professional advice whether legal or otherwise. Users should seek their own independent advice prior to relying on or entering into any commitment based on the materials. The materials are purely published for reference purposes alone. CPA Australia, their employees, agents and consultants exclude completely all liability to any person for loss or damage of any kind including but not limited to legal costs, indirect, special or consequential loss or damage (however caused, including by negligence) arising from or relating in any way to the materials and/or any use of the materials. Where any law prohibits the exclusion of such liability, then to the maximum extent permitted by law, CPA Australia’s liability for breach of the warranty will, at CPA Australia’s option, be limited to the supply of the materials again, or the payment of the cost of having them supplied again. 3 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY CONTENTS About the author 4 Executive summary 5 About the survey 6 Questionnaire 6 Data collection 7 Sample 7 Governance index scores 8 Presentation of results 9 Key findings 10 Market results: Australia 13 Market results: China 26 Market results: Hong Kong 38 Market results: Indonesia 51 Market results: Malaysia 65 Market results: New Zealand 78 Market results: Singapore 92 Market results: Vietnam 106 4 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY ABOUT THE AUTHOR Eva Tsahuridu, PhD, MBA, BBus, is CPA Australia’s Team Leader of Accounting Policy and the Professional Standards and Governance Policy Adviser. She oversees the accounting policy team and is responsible for research, policy and resource development in professional and ethical standards and governance. She participates in a number of forums on ethics and governance and contributes to CPA Australia’s publications INTHEBLACK and INPRACTICE. Before she joined CPA Australia, Eva was an academic in Australian and European universities. Eva published extensively in the areas of business ethics, whistleblowing and management in international journals, presented her work in international conferences and contributed to academic journals as a member of editorial boards and as a reviewer. If you have any comments about this report please contact: Dr Eva Tsahuridu T +613 9606 5159 [email protected] 5 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY EXECUTIVE SUMMARY The CPA Australia Asia-Pacific Governance Survey is a ground-breaking, first time look at perceptions of market and corporate governance in eight markets: Australia, China, Hong Kong, Indonesia, Malaysia, New Zealand, Singapore and Vietnam. That said, some key differences are evident in the findings: The survey provides a snapshot of the views of shareholders, professionals/business owners and management executives in the selected markets and provides a high level comparison of data between markets. • P olitical interference is considered more of a problem in China and Malaysia and less of a problem in Hong Kong, Singapore and Vietnam. The CPA Australia Asia-Pacific Governance Survey used a questionnaire, which asked respondents to record their degree of agreement with a number of statements, as well as respond to open and demographic questions. The perceptions of respondents were analysed between the three key groups within each market. They were also analysed between the eight markets. Eight indices were constructed to enable effective comparison between markets. The indices are: • political interference • accountability and transparency • corruption and fraud • laws and regulations • shareholder protection • reporting standards • auditing standards, and • company compliance. The intention of the findings is not to create a league table of nations. Indeed, it is essential that the findings for every market be read in close reference to the local environment, political landscape, size and scope of the markets involved and maturity of the respective stock exchanges concerned. • A ccountability and transparency is considered more positively in Indonesia, Singapore and Vietnam, and less positively in China, Malaysia and New Zealand. • Corruption and fraud are considered a significantly bigger issue in China, Indonesia, Malaysia and Vietnam. • Laws and regulations are considered more positively in Indonesia and Singapore and more negatively in Malaysia and New Zealand. • Shareholder protection is more positive in Indonesia and more negative in Australia and New Zealand. • Reporting standards are more negative in China and New Zealand and more positive in Indonesia. • Auditing standards are more negative in Australia, China and New Zealand and more positive in Hong Kong and Indonesia. • Company compliance is more negative in China and Malaysia and more positive in Indonesia. Overall, more respondents from China, Indonesia and Vietnam expect market and corporate governance to improve in the future. With these findings in mind, we trust this first Asia-Pacific Governance Survey provides the basis for further evaluation by policy makers and regulators alike and lays the groundwork for a further, longitudinal study into future trends in market and corporate governance throughout the region. CPA Australia looks forward to being a leader in those discussions. 6 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY ABOUT THE SURVEY The CPA Australia Asia-Pacific Governance Survey is a study of market and corporate governance. The survey was conducted in Australia, China, Hong Kong, Indonesia, Malaysia, New Zealand, Singapore and Vietnam. The main objectives of the research were to identify perceptions of governance in the selected markets and to undertake comparative analysis between the markets. The survey sought responses from the following three key groups in each market: QUESTIONNAIRE The survey instrument was developed by CPA Australia. Respondents were advised of the purpose of the research and were informed that their responses were anonymous. Respondents were further advised that the survey aimed to find out perceptions about governance and that there were no right or wrong answers. The survey instrument included the following four sections: • shareholders • screening section – to ensure respondents satisfied set criteria • professionals/business owners • market governance section • management executives • corporate governance section The survey was conducted between 10 September and 18 November 2013 in two phases. Phase one included data collection from Australia, Hong Kong and Indonesia, and phase two from China, Malaysia, New Zealand, Singapore and Vietnam. Given that this research was undertaken for the first time, in addition to piloting the survey and seeking feedback from relevant experts in different jurisdictions, the two-phase approach was selected to allow for any issues identified during phase one to be addressed prior to phase two. The first phase was conducted between 10 September and 12 September 2013. Following preliminary analysis and review of the primary data it was identified that the two statements that addressed corruption as a serious problem in government and business should also be presented in a more neutral form. As a result, two statements were added to the market governance section of the questionnaire: “There is a problem with corruption in government” and “There is a problem with corruption in business”. These statements were added so that corruption can be assessed as a problem even if it is not considered a serious problem. The second phase was conducted between 30 October and 18 November 2013. • demographic section The 2013 survey was conducted on behalf of CPA Australia by Nature Pty Ltd. For the market and corporate governance sections, respondents were asked to respond to a number of statements on a six point scale: strongly disagree, tend to disagree, neither agree nor disagree, tend to agree, strongly agree, and not sure. There were also openended questions in relation to the most urgent issue that needs to be addressed in market and corporate governance and questions that asked respondents to assess governance in the last two years and their expectations for the future. The market and corporate governance statements were developed based on governance theory and practice and were reviewed by experts. The Australian, Hong Kong, New Zealand and Singaporean questionnaires were administered in English. In China the questionnaire was in Chinese, in Malaysia in Bahasa Malaysia, the Indonesian questionnaire was administered in Bahasa Indonesia, and in Vietnam in Vietnamese. 7 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY DATA COLLECTION In each market, the survey was conducted online among randomly selected shareholders, professionals /business owners and management executives who were registered with a research panel. To be able to participate in the survey respondents were required to satisfy the following characteristics: Nature Pty Ltd was responsible for all aspects of data collection, including the programming of the online survey, coordinating random selection of respondents from the research panels, forwarding the survey to respondents and undertaking primary analysis of data. • shareholders: ≥25 years old, who held investments in shares – outside of superannuation/retirement savings • professionals/business owners: ≥25 years old, who had been working full or part time for two or more years • management executives: ≥25 years old, who had been working full or part time for two or more years, as owner, chairman, director, self-employed, CEO, president, CFO, COO, senior management, middle management or manager of a company with over 20 employees SAMPLE In total, there were 1269 valid online questionnaires completed, including 160 respondents from Australia, 152 from China, 158 from Hong Kong, 165 from Indonesia, 154 from Malaysia, 164 from New Zealand, 160 from Singapore and 156 from Vietnam. Table 1 shows the categories for each market’s respondents. TABLE 1. RESPONDENTS FROM EACH CATEGORY PER MARKET Malaysia New Zealand Singapore Vietnam Total 165 154 164 160 156 1,269 53 56 52 58 51 52 426 50 55 56 52 56 52 52 425 51 50 53 50 50 57 52 418 Australia China Hong Kong Indonesia Total 160 152 158 Shareholders 53 51 Professionals / Business Owners 52 Management Executives 55 8 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY GOVERNANCE INDEX SCORES The statements in the market governance and corporate governance sections of the questionnaire were grouped based on the issues they addressed to create eight governance index scores. Statements related to general views on governance that did not offer market specific perceptions, statements that were similar in content, and issues covered by single statements were excluded. For each statement included in each index, the following process has been adopted: 1.the ‘positive’ or ‘negative’ direction for each statement was taken into account. All negative directional statements were flipped so that all statements were in the same direction. Note that this means that the greater the score the more positive it is, and the lower the score the more negative it is. 2.the sum of all the scores across the statements in the index was calculated (for example if there were four statements, this created a variable with scores between four and 20). The resulting distribution of scores was then normalised to a 0-10 point scale. The average of the normalised score is taken which gives the index score (an individual score for each theme of between 0 and 10). The index scores created are: 1. Political interference 2. Accountability and transparency 3. Corruption and fraud 4. Laws and regulations 5. Shareholder protection 6. Reporting standards 7. Auditing standards 8. Company compliance Figure 1 provides the statements of each index score. FIGURE 1. INDICES AND STATEMENTS POLITICAL INTERFERENCE ACCOUNTABILITY AND TRANSPARENCY • I think there is no political interference in business • The government is accountable • I think there is no political interference in the judiciary • Listed companies are accountable • There must be less political interference in the judiciary • Listed companies are transparent • The government is transparent LAWS AND REGULATIONS • There are appropriate laws and regulations to ensure good governance • There is appropriate enforcement of laws and regulations for good governance • Most people obey the laws CORRUPTION AND FRAUD • Companies face problems because of corruption • Fraud is a big issue for business • I think corruption in the government is a serious problem • I think corruption in business is a serious problem • I think the government is serious about tackling corruption AUDITING STANDARDS • Auditing standards are adequate • Auditing standards are complied with • I think external auditors are independent 9 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY PRESENTATION OF RESULTS COMPANY COMPLIANCE • Listed companies comply with the corporate governance code • Companies comply with laws and regulations SHAREHOLDER PROTECTION • Shareholder rights are adequately protected • The rights of minority shareholders are adequately protected REPORTING STANDARDS • Financial reports provide users with all the necessary information • Financial reports are trustworthy • Company reporting is adequate • Company reporting is trusted • Companies report on compliance with the code of governance • Listed entities report on their compliance with the code of corporate governance adequately • Information disclosed by companies is adequate The governance indices allow comparison in perceptions between markets. Comparison between indices within each market should be made with caution. The strength of the scores within each theme will vary depending on the strength of the statements within it, so be mindful when comparing index performance within a market. The results of the governance index scores are represented first, followed by the results in alphabetical order by market. All percentage results shown in this report have been rounded to the nearest whole number and may not equal 100 per cent. 10 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY KEY FINDINGS The governance index scores provide an overview of perceptions for the eight themes across the eight markets: 1. Political interference 2. Accountability and transparency 3. Corruption and fraud 4. Laws and regulations 5. Shareholder protection 6. Reporting standards 7. Auditing standards 8. Company compliance These indices allow for comparison between markets. Figure 2 provides the governance index scores by market. Overall, respondents from Indonesia have significantly more positive views on six indices, followed by respondents from Singapore who are considerably more positive on four indices than respondents from other markets. Respondents from China have significantly more negative views on six indices, followed by New Zealand and Malaysia with five. Responses from Indonesia suggest that while there is a considerably higher perceived problem with corruption and fraud in comparison to the other markets, accountability and transparency, laws and regulations, shareholder protection, reporting and auditing standards and company compliance are significantly more positive than other markets. Responses from Singapore are considerably more positive suggesting respondents there think there is little political interference, more accountability and transparency, little corruption and fraud and better laws and regulations. Malaysia, on the other hand, scores significantly lower than other markets in these four indices. Political interference is perceived to be significantly more of an issue in China and Malaysia and much less of an issue in Hong Kong, Singapore and Vietnam. Accountability and transparency is considerably lower in China, Malaysia and New Zealand, indicating that respondents from these markets are much less likely to think positively about government and company accountability and transparency. Corruption and fraud is perceived to be significantly more problematic in China, Indonesia, Malaysia and Vietnam. Laws and regulations are perceived to be more positive in Indonesia and Singapore and less so in Malaysia and New Zealand. Responses from Australia are average in relation to the other markets in regard to political interference, accountability and transparency, and laws and regulations. Australian scores are significantly higher in relation to corruption and fraud, indicating that they are perceived as much less of an issue than in China, Indonesia, Malaysia and Vietnam. FIGURE 2. GOVERNANCE INDEX SCORES BY MARKET Malaysia New Zealand Singapore Vietnam 3.8 3.2 3.9 4.4 4.9 5.7 6.8 5.1 5.1 6.3 6.1 3.3 4.2 2.2 2.5 4.7 4.0 2.9 6.7 7.1 7.0 7.6 5.8 6.6 7.4 7.0 Shareholder Protection 4.7 5.5 5.3 7.3 5.5 4.3 5.6 5.8 Reporting Standards 5.6 5.3 6.0 7.3 5.7 5.2 6.0 5.8 Auditing Standards 5.7 5.5 6.6 7.7 6.3 5.9 6.2 6.7 Company Compliance 6.7 5.9 6.7 7.5 6.2 6.4 6.5 6.6 Australia China Political Interference 3.7 3.2 4.3 Accountability 5.5 4.9 Corruption and Fraud 4.5 Laws and Regulations Significantly higher than other markets Hong Kong Indonesia Significantly lower than other markets 11 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY While the results presented in Figure 2 reflect the significant differences between markets, there are also major differences between respondents by category: shareholders, professionals/ business owners and management executives. These should be taken into consideration in understanding the differences between markets. Figure 2 also indicates that there are considerable differences between markets on perceptions of shareholder protection, reporting and auditing standards and company compliance. While responses from Singapore and Vietnam are neither significantly higher nor lower than other markets in all four indices, Indonesia is much higher in all four. This suggests that respondents from Indonesia are less likely than those from the other markets to think that there are problems in relation to shareholder protection, reporting and auditing standards and company compliance. Only respondents from Hong Kong are also considerably more likely to think that there are no issues in relation to auditing standards. In Hong Kong, New Zealand, Singapore and Vietnam there are no significant differences between respondents, indicating that the views of shareholders, professionals/business owners and management executives are fairly consistent. There is one significant difference in Australia and China, two in Malaysia and four in Indonesia. In the case of Australia, it is notable that management executives are far less positive than the other cohorts about the country’s laws and regulations (Figure 3). The New Zealand scores are notably lower in shareholder protection and reporting and auditing standards. China is significantly less positive in reporting and auditing standards and company compliance, while Australia is less positive in shareholder protection and auditing standards. FIGURE 3. SIGNIFICANT DIFFERENCES IN AUSTRALIA LAWS AND REGULATIONS 6.7 Shareholders Professionals / Business Owners Management Executives 7.1 6.9 6.3 Significantly higher than other markets Significantly lower than other markets In China, while there is a high degree of consistency across all other groups, shareholders are less positive with regards to shareholder protection (Figure 4). FIGURE 4. SIGNIFICANT DIFFERENCES IN CHINA SHAREHOLDER PROTECTION 5.5 Shareholders Professionals / Business Owners Management Executives 4.9 5.8 5.7 Significantly higher than other markets Significantly lower than other markets 12 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY The key findings from each market are presented in alphabetical order by market. In Malaysia, shareholders are significantly more positive about reporting standards and company compliance (Figure 5). FIGURE 5. SIGNIFICANT DIFFERENCES IN MALAYSIA REPORTING STANDARDS 5.7 Shareholders Professionals / Business Owners Management Executives 6.1 5.4 5.6 COMPANY COMPLIANCE 6.2 Shareholders Professionals / Business Owners Management Executives 6.9 5.9 5.9 Significantly higher than other markets Significantly lower than other markets differences between the groups of respondents (Figure 6). The greatest number of significant differences between shareholders, professionals/business owners and management executives are found in Indonesia. While overall Indonesia rates higher in accountability and transparency, laws and regulations, shareholder protection, reporting standards, auditing standards and company compliance, there are a number of significant Shareholders are considerably more positive regarding accountability and transparency, and laws and regulations. Comparatively, professionals/ business owners are much less positive regarding these aspects, as well as political interference. FIGURE 6. SIGNIFICANT DIFFERENCES IN INDONESIA POLITICAL INTERFERENCE 3.8 Shareholders Professionals / Business Owners Management Executives 4.2 3.2 4.2 Shareholders Professionals / Business Owners Management Executives 7.2 6.0 7.1 ACCOUNTABILITY AND TRANSPARENCY 6.8 LAWS AND REGULATIONS 7.6 Shareholders Professionals / Business Owners Management Executives 8.1 7.2 7.5 Shareholders Professionals / Business Owners Management Executives 8.0 7.1 8.0 AUDITING STANDARDS Significantly higher than other markets 7.7 Significantly lower than other markets While Indonesia appears significantly more positive in most themes, there are more notable differences between the different groups of respondents, indicating more limited agreement within the sample than is the case in all other markets. 13 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA MARKET GOVERNANCE In Australia, good governance is widely believed to enable economic growth and the majority of respondents think that the country’s laws are obeyed and trusted. Respondents believe that appropriate laws, regulations and institutions exist to ensure good governance. However, 57 per cent of respondents tend to agree or strongly agree that there needs to be less political interference in the judiciary. Without deeper investigation on this point alone, it is difficult to extrapolate what this finding refers to specifically. Figure 7 provides the statements where respondents in Australia tend to agree or strongly agree the most. FIGURE 7. HIGHER AGREEMENT IN MARKET GOVERNANCE ISSUES Good governance enables economic growth 12% 41% 43% 2% 1% 2% Most people obey the laws 9% 11% 55% 25% 1% I trust the laws of Australia 7% 18% 46% 24% 1% 3% There are appropriate laws and regulations to ensure good governance There are appropriate institutions to enable good governance 14% 21% 48% 12% 44% 13% 3% 2% 9% 29% 3% 1% There must be less political interference in the judiciary 9% 29% 24% 33% 3% 2% Ordinary people’s lives are improving 16% 24% 45% 10% 3% 2% There is appropriate enforcement of laws and regulations for good governance Not sure 16% 28% 46% 6% 3% 1% Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 14 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA (CONTINUED) There are very few significant differences between the perceptions of the three groups of respondents in Australia (Table 2). However, professionals/ business owners responded less positively to the relationship between good governance and economic growth, and management executives appear less positive than shareholders and professionals/business owners in regard to most people obeying the country’s laws. TABLE 2. AGREEMENT BY GROUP OF RESPONDENTS Shareholders Professional / Business Owners Management Executives TOTAL Shareholders Professional / Business Owners Management Executives TEND TO DISAGREE & STRONGLY DISAGREE TOTAL TEND TO AGREE & STRONGLY AGREE Good governance enables economic growth 84% 89% 75% 87% 3% 0% 2% 5% Most people obey the laws 80% 87% 83% 71% 9% 4% 12% 13% I trust the laws of Australia 71% 64% 73% 75% 10% 8% 12% 11% There are appropriate laws and regulations to ensure good governance 60% 58% 62% 60% 16% 11% 12% 24% There are appropriate institutions to enable good governance 58% 51% 60% 62% 11% 13% 8% 11% There must be less political interference in the judiciary 56% 60% 46% 62% 11% 8% 15% 11% Ordinary people’s lives are improving 55% 55% 54% 56% 18% 19% 13% 22% There is appropriate enforcement of laws and regulations for good governance 52% 45% 54% 56% 18% 15% 17% 20% Significantly higher than average Significantly lower than average 15 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA (CONTINUED) The issues that Australian respondents show less agreement with are listed in Figure 8. The majority of respondents (52 per cent) tend to agree or strongly agree that the government is accountable but only 19 per cent tend to agree or strongly agree that the government is transparent. The question did not distinguish between different levels of government. Perceptions in relation to the existence of corruption and tackling corruption appear to be mixed. Corruption in business is seen as a serious problem by the majority of respondents. Of those surveyed, 47 per cent tend to agree or strongly agree that the government is serious in tackling corruption, while 31 per cent of respondents neither agree nor disagree. FIGURE 8. LOWER AGREEMENT IN MARKET GOVERNANCE ISSUES The government is accountable 21% 21% 35% 17% 20% 23% 29% 22% 3% 4% I think corruption in business is a serious problem 2% 4% I am confident that laws are enforced fairly 9% 40% 23% 24% 1% 4% I think the government is serious about tackling corruption I think corruption in the government is a serious problem 13% 34% 31% 18% 3% 3% 9% 23% 23% 17% 25% 3% I think there is no political interference in the judiciary 7% Economic development only benefits the wealthy people 6% 6% 18% 23% 39% 16% 22% 25% 34% 1% The government is transparent 4% 16% 31% 38% 9% 3% I think there is no political interference in business 3% 19% 46% 21% 3% Not sure Strongly disagree 9% 2% Tend to disagree There are no significant differences in the perceptions reported in Figure 8 above between shareholders, professionals/business owners and management executives. Figure 9 provides the perceptions of market governance over the past two years. Just over half of all respondents (52 per cent) believe that Neither agree or disagree Tend to agree Strongly agree things remained the same over the past two years, followed by those who believe that it worsened (22 per cent). Management executives deem there has been some improvement but shareholders and professionals/business owners are less positive. Ultimately, however, any differences between the groups are insignificant. 16 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA (CONTINUED) FIGURE 9. P ERCEPTION OF HOW MARKET GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 26% Worsened 15% 53% Don’t know / not sure Remained the same 6% Improved Professionals / Business Owners 21% Worsened 21% 48% Don’t know / not sure Remained the same 10% Improved Management Executives 18% Worsened 16% 55% Improved Remained the same 11% Don’t know / not sure Significantly higher than average Significantly lower than average Looking forward, views among these groups are more polarised and have some significant differences (Figure 10). Overall, 44 per cent of respondents believe things will remain the same and 35 per cent that they will improve. Only 9 per cent believe that things will worsen. However, when this data is segmented across the three cohorts, management executives are significantly more optimistic about the future and shareholders are least optimistic. 17 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA (CONTINUED) FIGURE 10. P ERCEPTION OF HOW MARKET GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 26% Improve 17% 43% Remain the same Worsen 13% Don’t know / not sure Professionals / Business Owners 15% Don’t know / not sure 27% 2% Improve Worsen 56% Remain the same Management Executives 9% Don’t know / not sure 7% Worsen 51% Improve 33% Remain the same Significantly higher than average Significantly lower than average 18 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA (CONTINUED) More management executives agree with the proposition that market governance will improve and not stay the same. This may indicate a clearer understanding of actions to improve market governance or it may be an indication that changes in other spheres affect these views. Shareholders on the other hand, are more likely to agree with the view that market governance will worsen in the future, while professionals/business owners are much less likely to think that it will worsen and more likely to believe it will remain the same. In response to the open question: “What would you say is the most urgent issue that needs to be addressed in relation to market governance in Australia?” a number of varied themes emerged. A large proportion of respondents (42 per cent) either did not have a view or didn’t express a view. The most frequently cited issues, which only represent 32 per cent of all responses, were: • corruption of civil servants, councils, state government or bureaucracy (6 per cent) • taxes are too high, complicated or unfair tax system (5 per cent) • lack of stability in the financial market, poor financial products, poor regulation and controls (5 per cent) • insider trading (4 per cent) • monopolies and unfair trading, protection for small traders, and protection for minority shareholders (4 per cent) • the rule of law, too many loopholes in the legislations, and inappropriate law enforcement (4 per cent) • lack of transparency (3 per cent) Overall, Australian respondents appear to find the rule of law in Australia to be an important aspect of market governance and believe that there are appropriate laws, which are adequately enforced, and appropriate institutions for good governance. The majority further believes that the lives of most people are improving and economic development does not only benefit wealthy people. RESPONDENTS’ COMMENTS “CORRUPTION IN LOCAL COUNCILS AND STATE GOVERNMENT” “COMPLIANCE WITH TIMELY DISCLOSURE AND STRONGER PENALTIES FOR NON-DISCLOSURE OR MISLEADING STATEMENTS” “THAT EVERYONE PAYS A FAIR TAX AND NOT JUST LOWER AND MIDDLE CLASSES” 19 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA (CONTINUED) CORPORATE GOVERNANCE Figure 11 provides the Australian responses to corporate governance statements. The graph lists the areas in order of most agreement, representing tend to agree and strongly agree responses. In Australia, corporate governance is widely seen to improve when government accountability and financial transparency improves. Further, it is generally believed that there are appropriate institutions to enable good governance. Most respondents believe that the vast majority of companies behave ethically, comply with laws and regulations and that listed companies are accountable and comply with the ASX Corporate Governance Principles and Recommendations. In relation to the independence of external auditors, 50 per cent of respondents tend to agree or strongly agree that external auditors are independent, 25 per cent neither agree nor disagree and 20 per cent tend to disagree or strongly disagree. More respondents agree that auditing standards are complied with (48 per cent) than think that they are adequate (41 per cent). While 60 per cent of respondents tend to agree or strongly agree that listed companies are accountable, 44 per cent think that company reporting is adequate, 41 per cent think that financial reports provide users with all the necessary information and 39 per cent think that financial reports are trustworthy. Opinions appear relatively polarised regarding the extent to which financial reports are seen as trustworthy, and provide users with the necessary information. 20 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA (CONTINUED) FIGURE 11. CORPORATE GOVERNANCE IN AUSTRALIA Corporate governance improves when government accountability and financial transparency improves 22% 48% 23% 4% 3% 7% The vast majority of companies behave ethically 22% 50% 14% 3% 4% 7% 9% There are appropriate institutions to enable good governance 23% 51% 9% 22% 46% 14% 1% 11% Listed companies are accountable 5% 3% Listed companies comply with the ASX Corporate Governance Principles and Recommendations Companies face problems because the boards of directors make bad decisions 8% 9% 27% 48% 32% 9% 45% 12% 3% 2% 6% 13% Companies comply with laws and regulations 28% 48% 9% 31% 48% 8% 2% 1% Overall I am optimistic about the future of corporate governance in Australia 11% 2% 1% 12% Fraud is a big issue for business 29% 36% 18% 3% 2% 16% I think external auditors are independent 25% 44% 5% 4% 6% 24% The responsibilities of company directors are clearly defined 22% 38% 11% 39% 9% 4% 2% 15% Auditing standards are complied with 31% 5% 2% Listed entities report on their compliance with the ASX Corporate Governance Principles and Recommendations adequately 11% 11% 17% Corporate governance in Australia is effective 28% 43% 3% 4% 34% 40% 2% 1% 6% 23% Company reporting is adequate 24% 41% 6% 2% Companies report on compliance with the ASX Corporate Governance Principles and Recommendations 4% 13% 8% 36% 24% Auditing standards are adequate 25% 6% 3% Not sure Strongly disagree Tend to disagree 34% 8% 1% Neither agree or disagree 39% 3% Tend to agree Strongly agree 21 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA (CONTINUED) FIGURE 11. CORPORATE GOVERNANCE IN AUSTRALIA (CONTINUED) Companies have the necessary committees for good governance 8% 16% 33% 38% 4% 1% 26% 28% 36% 22% 31% 37% Financial reports provide users with all the necessary information 5% 1% 4% Companies face problems because of corruption 4% 4% 2% 26% Financial reports are trustworthy 29% 33% 3% 3% 6% 18% Companies have effective risk management frameworks 36% 38% 6% 1% 1% 14% Corporate governance in Australia is improving 40% 34% 4% 6% 1% 23% Company reporting is trusted 31% 33% 4% 5% 4% 38% 23% Boards of directors fulfil their responsibilities 31% 4% 4% 2% 22% Boards of directors are effective in discharging their responsibilities 36% 29% 5% 3% 5% 30% Information disclosed by companies is adequate 29% 29% 5% 3% Companies have effective processes to reduce the risk of mismanagement 4% 24% 39% 29% 4% 4% Compliance with the ASX Corporate Governance Principles and Recommendations is overseen adequately 9% 9% Listed companies are transparent 8% 21% 2% 21% 36%36% 30% 30% 3% 3% 2% 19% 37% 26% 6% 5% 24% Shareholder rights are adequately protected 38% 26% 4% 3% The rights of minority shareholders are adequately protected 7% 5% 34% 6% Not sure Strongly disagree Tend to disagree Neither agree or disagree 34% 18% 2% Tend to agree Strongly agree 22 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA (CONTINUED) Overall, there is a relatively high level of indifference – respondents who neither agree nor disagree – with many aspects of corporate governance in Australia, despite the fact that respondents had the option to respond by stating they are not sure about a specific aspect. There are three significant differences between the three groups of respondents: • shareholders exhibit significantly less agreement with the statement – “Companies have effective processes to reduce the risk of mismanagement” • management executives exhibit significantly more agreement with the statement – “Listed companies are transparent” • management executives exhibit significantly less agreement with the statement – “The rights of minority shareholders are adequately protected” The majority of all respondents (55 per cent) think that corporate governance remained the same over the past two years (Figure 12), 14 per cent believe it improved and 16 per cent that it worsened. While more shareholders thought that it worsened and more management executives thought it improved, the differences between the groups are not significant. 23 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA (CONTINUED) FIGURE 12. P ERCEPTION OF HOW CORPORATE GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 19% Worsened 58% 11% Remained the same Improved 11% Don’t know / not sure Professionals / Business Owners 19% Don’t know / not sure 17% 54% Worsened Remained the same 10% Improved Management Executives 20% Improved 53% 15% Remained the same Don’t know / not sure 13% Worsened Significantly higher than average Significantly lower than average Figure 13 below provides the perceptions for the future. Overall, 33 per cent of respondents expect improvements in corporate governance, 43 per cent anticipate things to remain the same and 9 per cent expect things to deteriorate. A significantly higher percentage of management executives, than professionals / business owners and shareholders, report that they expect corporate governance to improve. Shareholders and professionals/business owners report higher agreement with worsening corporate governance in the future, but not significantly. 24 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA (CONTINUED) FIGURE 13. P ERCEPTION OF HOW CORPORATE GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 30% Improve 42% 15% Remain the same Don’t know / not sure 13% Worsen Professionals / Business Owners 25% Improve 15% 50% Don’t know / not sure Remain the same 10% Worsen Management Executives 38% Remain the same 13% 44% Don’t know / not sure Improve 5% Worsen Significantly higher than average Significantly lower than average 25 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: AUSTRALIA (CONTINUED) In response to the open question – “What would you say is the most urgent issue that needs to be addressed in relation to corporate governance in Australia” a number of themes emerged. A large proportion of respondents (54 per cent) answered with do not know or did not provide a response at all. The most frequently cited issues, which represent 27 per cent of all responses, include: • insufficient legislation, unstable regulatory framework on corporate governance, and many loopholes (4 per cent) • slow action, light penalty on the unethical practices and violations (4 per cent) • lack of transparency (4 per cent) • rights of minority shareholders are not adequately protected (3 per cent) • boards of directors and shareholders are not made accountable (3 per cent) RESPONDENTS’ COMMENTS “TRANSPARENCY OF COMPANY OPERATION AND ACCOUNTABILITY TO SMALLER SHAREHOLDERS” “DIRECTORS NEED TO CONCENTRATE MORE ON SHAREHOLDERS AND NEED TO BE MORE INDEPENDENT AND MORE BROADLY BASED” • fraud is a big issue for business (3 per cent) • CEOs get paid too much (3 per cent) • boards of directors are not independent (3 per cent) Overall, respondents appear to be reasonably satisfied with the Australian governance framework and compliance with it. They are more likely to view problems faced by companies as a result of bad board decisions rather than unethical behaviour. While 19 per cent of respondents tend to agree or strongly agree with the statement: “The government is transparent in the market governance section”, 32 per cent agree that listed companies are transparent in the corporate governance section. The protection of the rights of shareholders and particularly minority shareholders are the issues that respondents think are least satisfactory. “DIRECTORS’ ACCOUNTABILITY AND RIGHTS OF MINORITY SHAREHOLDERS” 26 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: CHINA MARKET GOVERNANCE Figure 14 provides a breakdown of combined responses on market governance, which are most agreed with by respondents. Interestingly, in the top eight areas of most agreement, respondents show high levels of assent with the statements about general compliance with the law, appropriateness of laws and regulations to enable good governance but also with corruption being seen as a serious issue in government and in business. In China, while good governance is seen to enable economic growth, the survey revealed that corruption is an important issue, with high levels of agreement across most related statements. However, on the positive side, it is widely perceived that the government is serious about tackling corruption. FIGURE 14. HIGHER AGREEMENT IN MARKET GOVERNANCE ISSUES There is a problem with corruption in the government 7% 32% 59% 1% 1% Good governance enables economic growth 10% 38% 51% 1% 1% I think corruption in the government is a serious problem 9% 23% 61% 2% 3% 2% There is a problem with corruption in business 12% 38% 45% 3% 1% 1% I think corruption in business is a serious problem 13% 33% 47% 2% 1% 4% There must be less political interference in the judiciary 20% 24% 50% 2% 1% 4% 22% Most people obey the laws 42% 30% 1%1% 5% I think the government is serious about tackling corruption 10% 16% 36% 34% 1% 3% Economic development only benefits the wealthy people 11% 21% 32% 33% 3% There are appropriate laws and regulations to ensure good governance Not sure 9% 26% 47% 17% 2% Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 27 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: CHINA (CONTINUED) There are very few significant differences between perceptions of the three groups of respondents in China as shown in Table 3 below. Management executives are significantly less likely than shareholders and professionals/business owners to agree that corruption in government is a serious problem. Professionals/business owners are less positive about the need for less political interference in the judiciary and more positive that economic development only benefits wealthy people. TABLE 3. AGREEMENT BY GROUP OF RESPONDENTS Shareholders Professional / Business Owners Management Executives TOTAL Shareholders Professional / Business Owners Management Executives TEND TO DISAGREE & STRONGLY DISAGREE TOTAL TEND TO AGREE & STRONGLY AGREE There is a problem with corruption in the government 91% 94% 90% 90% 1% 0% 0% 2% Good governance enables economic growth 88% 86% 86% 92% 1% 2% 0% 0% I think corruption in the government is a serious problem 84% 88% 90% 75% 5% 8% 0% 8% There is a problem with corruption in business 83% 82% 88% 78% 3% 4% 0% 4% I think corruption in business is a serious problem 80% 84% 82% 73% 5% 4% 2% 10% There must be less political interference in the judiciary 74% 80% 60% 80% 5% 6% 6% 2% Most people obey the laws 72% 73% 72% 73% 5% 4% 6% 6% I think the government is serious about tackling corruption 70% 73% 60% 76% 13% 10% 16% 12% Economic development only benefits the wealthy people 65% 57% 76% 63% 14% 14% 10% 18% There are appropriate laws and regulations to ensure good governance 64% 63% 66% 63% 11% 10% 12% 10% Significantly higher than average Significantly lower than average 28 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: CHINA (CONTINUED) The issues Chinese respondents show less agreement with are listed in Figure 15. The majority of respondents think that there is political interference in business and the judiciary. They are also more likely to agree that the government is accountable but less likely to believe that it is transparent. The question did not make a distinction regarding the level of government. In the statements presented in Figure 15, a relatively large number of respondents neither agree nor disagree with many of the issues presented, particularly in relation to trusting the laws, government accountability and ordinary people’s lives improving. There are no significant differences in the perceptions reported in Figure 15 below between shareholders, professionals/ business owners and management executives. FIGURE 15. LOWER AGREEMENT IN MARKET GOVERNANCE ISSUES There is appropriate enforcement of laws and regulations for good governace 6% 27% 43% 21% 1% 2% There are appropriate institutions to enable good governance 8% 31% 38% 21% 1% 1% Ordinary people’s lives are improving 9% 34% 38% 17% 1% 2% The government is accountable 9% 14% 35% 34% 8% 1% 7% I trust the laws in China 16% 37% 27% 11% 3% I am confident that laws are enforced fairly 9% 20% 32% 26% 9% 3% 14% The government is transparent 25% 32% 17% 11% 2% I think there is no political interference in business 25% 31% 18% 20% 5% 18% 5% 1% I think there is no political interference in judiciary 20% 31% 24% 1% Not sure Strongly disagree Tend to disagree The changes in market governance over the past two years are generally regarded as positive, with 47 per cent of respondents agreeing that things have improved (Figure 16). The number of respondents who agree that things stayed the same or worsened are similar with 24 per cent Neither agree or disagree Tend to agree Strongly agree and 22 per cent respectively. Shareholders are significantly less likely than the other groups to not know or not be sure about the changes in market governance over the past two years, while management executives are considerably more likely. 29 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: CHINA (CONTINUED) FIGURE 16. PERCEPTION OF HOW MARKET GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 17% Worsened 0% Don’t know / not sure 49% Improved 24% Remained the same Professionals / Business Owners 24% Remained the same 18% 50% Worsened Improved 8% Don’t know / not sure Management Executives 24% Remained the same 20% 43% Worsened Improved 14% Don’t know / not sure Significantly higher than average Significantly lower than average As indicated in Figure 17, 61 per cent of respondents are optimistic that in the future market governance will improve. Only 8 per cent of those surveyed expect it to worsen, 14 per cent believe it will remain the same and 17 per cent do not know or are not sure. There are no significant differences between the groups. 30 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: CHINA (CONTINUED) FIGURE 17. P ERCEPTION OF HOW MARKET GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 16% Remain the same 63% 10% Improve Worsen 12% Don’t know / not sure Professionals / Business Owners 8% Remain the same 8% 60% Worsen Improve 24% Don’t know / not sure Management Executives 18% Remain the same 6% 61% Worsen Improve 16% Don’t know / not sure Significantly higher than average Significantly lower than average 31 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: CHINA (CONTINUED) In response to the open question – ”What would you say is the most urgent issue that needs to be addressed in relation to market governance in China” the responses are more consistent than in other markets, showing higher agreement on identified themes. Only 1 per cent of respondents said they did not know or did not respond. Otherwise, the top eight themes, representing 94 per cent of all responses, were: • the rule of law, judicial justice, too many loopholes in the legislations, and inappropriate law enforcement (20 per cent) • corruption (unspecific) (18 per cent) • corruption of civil servants, councils, state government and bureaucracy, and government not listening to the general public (15 per cent) • monopolies and unfair trading, protection for small traders, protection for minority shareholders, ensure fair competition and free market (14 per cent) • too much political interference (for example in business and the judiciary) (11 per cent) • an inappropriate management system, better market supervision and governance, and deepen reform (7 per cent) • corruption of corporates (4 per cent) • lack of transparency (4 per cent) Overall, Chinese respondents appear concerned about corruption and political interference in business and the judiciary. However, many also think that market governance improved over the last two years and the majority expect it to improve further in the future. RESPONDENTS’ COMMENTS “PLUG THE LEGAL LOOPHOLES AND HAVE FIRMS STRICTLY REGULATED” “STRENGTHEN THE LEGAL SYSTEM AND BOLSTER GOVERNANCE” “THERE SHOULD BE A CLEAR DEMARCATION OF FUNCTIONS OF GOVERNMENT AND BUSINESS; CLEAR SEPARATION OF JUDICIAL AND POLITICAL SYSTEMS; GOVERNMENT’S ROLE SHOULD BE INDEPENDENT OF THE JUDICIAL SYSTEM” CORPORATE GOVERNANCE Figure 18 provides the Chinese responses to the corporate governance statements in the questionnaire. It lists the areas in order of most agreement – representing tend to agree and strongly agree responses. In China, corruption and fraud appear to be important issues, with high levels of agreement across most related statements. However, it is also widely believed that most companies behave ethically and comply with laws and regulations. Perceptions about the future of corporate governance in China are generally positive but there is less agreement with the effectiveness of corporate governance currently. In regard to financial reporting 35 per cent of respondents consider that they provide users with all necessary information and 31 per cent consider them to be trustworthy. There is little disagreement with statements that relate to compliance with the governance code, the adequacy of oversight of compliance and reporting on compliance with it. In relation to audit, 38 per cent of respondents agree that auditing standards are complied with, 36 per cent that auditing standards are adequate and 48 per cent that external auditors are independent. 32 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: CHINA (CONTINUED) FIGURE 18. CORPORATE GOVERNANCE IN CHINA 7% Companies face problems because of corruption 18% 41% 32% 1% 1% 7% Companies face problems because the boards of directors make bad decisions 26% 50% 14% 3% 1% 6% Fraud is a big issue for business 34% 36% 22% 1% 1% 10% The vast majority of companies behave ethically 29% 48% 9% 32% 43% 11% 1% 3% Corporate governance improves when government accountability and financial transparency improves 9% 1% 3% 10% Corporate governance in China is improving 36% 44% 6% 39% 41% 9% 40% 9% 1% 1% 7% There are appropriate institutions to enable good governance 1% 3% 13% Companies comply with laws and regulations 34% 1% 3% 14% Overall I am optimistic about the future of corporate governance in China 34% 34% 15% 2% 1% 16% I think external auditors are independent 28% 36% 12% 3% 4% 11% Companies have the necessary committees for good governance 41% 7% 29% 36% 10% 35% 35% 9% 35% 1% 5% 8% The rights of minority shareholders are adequately protected 16% 1% 16% The responsibilities of company directors are clearly defined 2% 3% Listed companies comply with the Code of Corporate Governance 18% 34% 36% 7% 17% 36% 33% 10% 32% 9% 28% 12% 1% 4% Compliance with the Code of Corporate Governance is overseen adequately 1% 3% Companies report on compliance with the Code of Corporate Governance 13% 42% 1% 3% 16% Boards of directors fulfil their responsibilities 39% 2% 3% 22% Companies have effective processes to reduce the risk of mismanagement 35% 2% 1% Not sure Strongly disagree Tend to disagree Neither agree or disagree 34% 6% Tend to agree Strongly agree 33 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: CHINA (CONTINUED) FIGURE 18. CORPORATE GOVERNANCE IN CHINA (CONTINUED) Listed entities report on their compliance with the Code of Corporate Governance adequately 13% 41% 30% 31% 41% 9% 1% 6% Auditing standards are complied with 32% 2% 5% 6% 7% Company reporting is adequate 18% 37% 31% 7% 38% 31% 7% 10% 1% 20% Companies have effective risk management frameworks 1% 3% 7% Shareholder rights are adequately protected 21% 34% 27% 22% 32% 37% 2% Auditing standards are adequate 1% 8% 9% 29% Listed companies are transparent 29% 28% 1% 5% 9% 18% Financial reports provide users with all the necessary information 41% 29% 2% 3% 6% 16% Boards of directors are effective in discharging their responsibilities 46% 26% 7% 3% 2% 26% Company reporting is trusted 31% 26% 4% 7% Information disclosed by companies is adequate 6% 23% 38% 38% 21% 39% 28% 24% 24% 22% 9% 2% 5% Financial reports are trustworthy 3% 6% Corporate governance in China is effective 3% 7% 2% 4% 10% Listed companies are accountable 26% 38% Not sure Strongly disagree Tend to disagree Neither agree or disagree 21% 5% 1% Tend to agree Strongly agree 34 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: CHINA (CONTINUED) Overall, there is a relatively high level of indifference – respondents that neither agree nor disagree – with many aspects of corporate governance in China, despite the fact that respondents had the option to respond by stating they are not sure about a specific aspect. The significant differences between the three groups of respondents are: • shareholders exhibited significantly less agreement with the statement – “The rights of minority shareholders are adequately protected” • management executives exhibited significantly less agreement and professionals/business owners more agreement with the statement – “Listed companies comply with the corporate governance code” • management executives exhibited significantly less agreement with the statement – “Financial reports provide users with all the necessary information” • management executives exhibited significantly less agreement and professionals/business owners more agreement with the statement – “Corporate governance in China is effective” Figure 19 shows respondents’ views on changes to corporate governance over the past two years. Most respondents are of the view that corporate governance either improved (44 per cent) or remained the same (38 per cent). Only 11 per cent of respondents believe it worsened and 7 per cent do not know or are not sure how corporate governance changed. Interestingly, more shareholders think that corporate governance improved than management executives or professionals/business owners, but these differences between the groups are not significant. The only considerable difference is that shareholders are less likely to not know or not be sure how corporate governance changed. 35 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: CHINA (CONTINUED) FIGURE 19. P ERCEPTION OF HOW CORPORATE GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 39% Remained the same 0% Don’t know / not sure 51% Improved 10% Worsened Professionals / Business Owners 12% Don’t know / not sure 10% 38% Worsened Remained the same 40% Improved Management Executives 37% Remained the same 41% 10% Improved Don’t know / not sure 12% Worsened Significantly higher than average Significantly lower than average In relation to the perceptions for the future, 57 per cent of all respondents expect improvements in corporate governance, 22 per cent expect things to remain the same and 7 per cent expect deterioration (Figure 20). Overall, there is more optimism for the future than the assessment of the recent past. A significantly higher percentage of professionals/business owners and lower percentage of shareholders reported that they do not know or are not sure as to how corporate governance will change in the future. 36 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: CHINA (CONTINUED) FIGURE 20. P ERCEPTION OF HOW CORPORATE GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 22% Remain the same 63% 10% Improve Worsen 6% Don’t know / not sure Professionals / Business Owners 20% Remain the same 50% 4% Improve Worsen 26% Don’t know / not sure Management Executives 24% Remain the same 59% 12% Improve Don’t know / not sure 6% Worsen Significantly higher than average Significantly lower than average 37 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: CHINA (CONTINUED) In response to the open question of “What would you say is the most urgent issue that needs to be addressed in relation to corporate governance in China” a number of themes emerged. The top eight themes listed below represent 62 per cent of all responses. Only 1 per cent said they do not know and 1 per cent said nothing. The most frequently cited issues include: RESPONDENTS’ COMMENTS “MORE STRINGENT REGULATION ON COMPANIES; PREVENT CORPORATE FRAUD” • fraud is a big issue for business and dishonesty (11 per cent) • insufficient legislation, unstable regulatory framework on corporate governance and many loopholes (9 per cent) • companies do not have a sound culture, system, orientation, goals and competitive policies (9 per cent) • companies face problems because of corruption (such as insider trading and breach of confidence) (8 per cent) • poor compliance and law enforcement (7 per cent) • lack of transparency and reliability in financial reports (7 per cent) • lack of transparency (such as in company management and government operation) (7 per cent) • tighter control and good governance (unspecified) (5 per cent) Overall, respondents identify corruption as an issue but they think that the government is doing what is needed to address it and expect further improvements in market and corporate governance in the future. “BETTER LEGISLATION AND SUPERVISION” “EMPHASIS ON SOUND CORPORATE CULTURE AND SYSTEMS” 38 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG MARKET GOVERNANCE In Hong Kong, most respondents trust the laws and believe they are obeyed and enforced. However, while good governance is widely seen as an enabler of economic growth, most of those surveyed also believe that economic development only benefits the wealthy. In the top eight areas of most agreement as shown in Figure 21, respondents show high agreement with the statements about the rule of law and there does not appear to be major concern about corruption. Political interference in the judiciary is seen as something that should be addressed but people generally think that there is appropriate infrastructure for good governance and laws and regulations for good governance are enforced. FIGURE 21. HIGHER AGREEMENT IN MARKET GOVERNANCE ISSUES Good governance enables economic growth 4% 15% 4% 15% 39% 39% 3% Most people obey the laws 54% 24% 2% 1% I trust the laws of Hong Kong 8% 16% 46% 27% 3% There must be less political interference in the judiciary 6% 23% 32% 34% 1% 3% Economic development only benefits the wealthy people 13% 18% 9% 23% 49% 16% 3% 1% I think the government is serious about tackling corruption There are appropriate laws and regulations to ensure good governance There is appropriate enforcement of laws and regulations for good governance Not sure 43% 20% 3% 3% 9% 25% 49% 14% 1% 2% 10% 27% 46% 14% 2% 1% Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 39 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG (CONTINUED) There are few significant differences between perceptions of the three groups of respondents in Hong Kong (Table 4). Management executives are significantly more likely to agree that good governance enables economic growth and professionals/business owners more likely to disagree that there should be less political interference in the judiciary. TABLE 4. AGREEMENT BY GROUP OF RESPONDENTS Shareholders Professional / Business Owners Management Executives TOTAL Shareholders Professional / Business Owners Management Executives TEND TO DISAGREE & STRONGLY DISAGREE TOTAL TEND TO AGREE & STRONGLY AGREE Good governance enables economic growth 78% 77% 69% 88% 4% 6% 7% 0% Most people obey the laws 78% 79% 71% 84% 5% 6% 5% 4% I trust the laws of Hong Kong 73% 72% 71% 78% 11% 13% 15% 4% There must be less political interference in the judiciary 66% 60% 64% 74% 9% 6% 16% 6% Economic development only benefits the wealthy people 65% 64% 65% 66% 14% 17% 11% 14% I think the government is serious about tackling corruption 63% 58% 64% 68% 11% 11% 11% 12% There are appropriate laws and regulations to ensure good governance 63% 60% 62% 68% 11% 15% 11% 6% There is appropriate enforcement of laws and regulations for good governance 60% 58% 64% 58% 11% 13% 13% 6% Significantly higher than average Significantly lower than average 40 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG (CONTINUED) The issues Hong Kong respondents show least agreement with are listed in Figure 22. Many think that corruption is a major issue in business and government. They are also more likely to agree that the government is accountable but less likely to believe that it is transparent. The question did not make a distinction regarding the level of government. There are no significant differences in the perceptions reported in Figure 22 between shareholders, professionals/business owners and management executives. FIGURE 22. LOWER AGREEMENT IN MARKET GOVERNANCE ISSUES I think corruption in business is a serious problem 14% 23% 27% 32% 1% 2% There are appropriate institutions to enable good governance 10% 29% 44% 13% 1% 2% I am confident that laws are enforced fairly 12% 28% 41% 16% 1% 2% I think corruption in the government is a serious problem 20% 23% 33% 19% 2% 3% The government is accountable 18% 28% 37% 11% 3% 3% I think there is no political interference in the judiciary 6% 21% 30% 30% 11% 3% The government is transparent 8% Ordinary people’s lives are improving 27% 9% 29% 29% 28% 30% 24% 8% 6% 1% I think there is no political interference in business 11% 32% 28% 16% 10% 2% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree Market governance over the past two years is considered to have remained static by 40 per cent of all respondents, while 39 per cent believe it has worsened (Figure 23). Only 15 per cent of respondents believe that market governance improved, and 6 per cent are not sure or do not know. There are no significant differences in perceptions between the three respondent groups. 41 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG (CONTINUED) FIGURE 23. PERCEPTION OF HOW MARKET GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 11% Improved 6% Don’t know / not sure 42% Remained the same 42% Worsened Professionals / Business Owners 33% Remained the same 20% 40% Improved Worsened 7% Don’t know / not sure Management Executives 36% Worsened 46% 12% Remained the same Improved 6% Don’t know / not sure Significantly higher than average Significantly lower than average Figure 24 shows that respondents appear to expect that the future will be similar to the recent past, with 42 per cent stating that they expect market governance to remain the same. Also, slightly more people expect things to worsen (27 per cent) than improve (23 per cent). The only significant differences between the groups are found in professionals/business owners who are less likely than shareholders and management executives to think that things will stay the same, and more likely to think that they’ll improve. 42 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG (CONTINUED) FIGURE 24. P ERCEPTION OF HOW MARKET GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 30% Worsen 17% 47% Improve Remain the same 6% Don’t know / not sure Professionals / Business Owners 27% Worsen 9% 29% Don’t know / not sure Remain the same 35% Improve Management Executives 24% Worsen 50% 16% Remain the same Improve 10% Don’t know / not sure Significantly higher than average Significantly lower than average 43 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG (CONTINUED) In response to the open question: “What would you say is the most urgent issue that needs to be addressed in relation to market governance in Hong Kong?” the responses are largely fragmented. The top eight themes listed below represent 47 per cent of all responses. 13 per cent said they do not know and 26 per cent said nothing. The themes that were mentioned the most were: • housing issues (21 per cent) • wealth disparity and poverty (6 per cent) • c orruption of civil servants, councils, state government and bureaucracy (4 per cent) • t oo much political interference (such as in business and in the judiciary) (4 per cent) • w e need to change our chief executive or prime minister (4 per cent) • c ost of living is too high, inflation and high price of source materials (3 per cent) • m onopolies and unfair trading, protection for small traders, and protection for minority shareholders (3 per cent) • immigration issues (3 per cent) Overall, respondents from Hong Kong trust the laws and their enforcement and believe that there are appropriate market governance mechanisms. They also think that market governance remained the same or deteriorated in the last two years and most do not expect improvements in the future. RESPONDENTS’ COMMENTS “HOUSING IS TOO EXPENSIVE” “STANDARD OF LIVING HAS DECREASED IN RECENT YEARS AS HOUSING PRICES, RENT AND ALSO STAPLES IN GENERAL MAY LEAVE MANY PEOPLE WITH LITTLE DISPOSABLE INCOME AFTER TAXES. THE GOVERNMENT SHOULD WORK HARDER TO CONTROL HOUSING AND COMMODITIES PRICES AT A MORE AFFORDABLE LEVEL” “HIGH RENTAL AND HOUSING FOR THE MIDDLE INCOME FAMILY” 44 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG (CONTINUED) CORPORATE GOVERNANCE Figure 25 provides the Hong Kong responses to the corporate governance statements of the questionnaire. The graph lists the areas in order of most agreement – representing tend to agree and strongly agree responses. In Hong Kong, 61% of respondents strongly agree or tend to agree that fraud is a big issue for business and 58% that companies face problems because boards of directors make bad decisions. Perceptions are generally positive across many corporate governance aspects. However, there is also a high degree of indifference towards many aspects, with respondents neither agreeing nor disagreeing. The protection of minority shareholder rights is perceived to be the area of most concern. Views on financial reporting appear positive, with 48 per cent of respondents considering they provide users with all necessary information, 48 per cent think they are adequate and 45 per cent consider them trustworthy. However, there are numerous respondents who neither agreed nor disagreed with the effectiveness of financial reports. There is little disagreement with statements that relate to compliance with the governance code, the adequacy of oversight of compliance and reporting on compliance with it. In relation to audit, 61 per cent of respondents agree that auditing standards are complied with, while over half (57 per cent) believe that auditing standards are adequate and almost two thirds (65 per cent) agree that external auditors are independent. 45 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG (CONTINUED) FIGURE 25. CORPORATE GOVERNANCE IN HONG KONG Companies comply with laws and regulations 6% 27% 7% 27% 9% 57% 1% I think external auditors are independent 15% 50% 1% Corporate governance improves when government accountability and financial transparency improves 6% 49% 14% 1% 1% 6% Listed companies comply with the Corporate Governance Code 30% 30% 9% 53% 2%1% 7% Fraud is a big issue for business 28% 34% 27% 3% 1% 10% 51% 32% Auditing standards are complied with 1% 1% 5% Companies face problems because the boards of directors make bad decisions 6% 43% 33% 15% 1% 1% 13% The vast majority of companies behave ethically 27% 48% 10% 1% 1% 8% Auditing standards are adequate 32% 49% 8% 32% 49% 8% 34% 49% 7% 3% 1% 8% There are appropriate institutions to enable good governance 1% 3% Companies report on compliance with the Corporate Governance Code 8% 1% 1% 9% Companies have effective processes to reduce the risk of mismanagement 35% 46% 7% 34% 45% 8% 34% 46% 7% 35% 45% 7% 37% 42% 9% 1% 2% 10% Company reporting is trusted 3% 9% Listed companies are accountable 3% 2% 10% Companies have the necessary committees for good governance 1% 2% Listed entities report on their compliance with the Corporate Governance Code adequately 9% 2%1% 9% Corporate governance in Hong Kong is effective 36% 47% 1% 3% 11% Companies have effective risk management frameworks 4% 34% 44% 7% 4% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 46 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG (CONTINUED) FIGURE 25. CORPORATE GOVERNANCE IN HONG KONG (CONTINUED) 12% Overall I am optimistic about the future of corporate governance in Hong Kong 34% 44% 3% 1% 6% 9% Compliance with the Corporate Governance Code is overseen adequately 38% 44% 3% 1% Financial reports provide users with all the necessary information 4% 15% 33% 16% 33% 9% 39% 4% Company reporting is adequate 42% 1% 2% 6% 9% The responsibilities of company directors are clearly defined 42% 7% 39% 1% 1% 17% Information disclosed by companies is adequate 33% 41% 3% 3% 4% 10% Financial reports are trustworthy 41% 7% 38% 4% 15% Shareholder rights are adequately protected 37% 39% 3% 3% 4% 15% Boards of directors fulfil their responsibilities 40% 36% 7% 2% 18% Companies face problems because of corruption 35% 30% 13% 2% 2% 9% Corporate governance in Hong Kong is improving 44% 37% 3% 2% Boards of directors are effective in discharging their responsibilities 6% 16% 41% 37% 1% 1% 5% 20% Listed companies are transparent 35% 38% 1% 2% 4% 28% The rights of minority shareholders are adequately protected 34% 4% 4% Not sure Strongly disagree Tend to disagree Neither agree or disagree 26% 3% Tend to agree Strongly agree 47 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG (CONTINUED) Overall, in Hong Kong there is a relatively low level of disagreement with the corporate governance issues addressed, but a high level of indifference – respondents neither agreed nor disagreed. This is despite the fact that respondents had the option to respond by stating they are not sure about a specific aspect. The significant differences between the three groups of respondents are: • management executives are significantly more likely to agree and shareholders were significantly more likely to disagree that companies comply with laws and regulations • p rofessionals/business owners are significantly less likely and management executives significantly more likely to agree that listed companies are accountable • m anagement executives are significantly more likely to agree while shareholders significantly more likely to disagree that companies have the necessary committees for good governance • m anagement executives exhibited significantly more agreement and shareholders less agreement that compliance with the code of corporate governance is overseen adequately Figure 26 shows respondents’ views on corporate governance over the past two years. Most respondents are of the view that corporate governance remained the same (59 per cent). Only 16 per cent think it has improved, while 19 per cent believe it has worsened and 6 per cent do not know or are not sure how corporate governance changed. Interestingly, fewer management executives thought that corporate governance improved than shareholders or professionals/business owners, but these differences between the groups are not significant. However, considerably more management executives thought that corporate governance remained the same while significantly more shareholders thought it worsened. 48 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG (CONTINUED) FIGURE 26. P ERCEPTION OF HOW CORPORATE GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 28% Worsened 17% 51% Improved Remained the same 4% Don’t know / not sure Professionals / Business Owners 22% Improve 15% 53% Worsen Remained the same 11% Don’t know / not sure Management Executives 14% Worsened 74% 8% Remained the same Improved 4% Don’t know / not sure Significantly higher than average Significantly lower than average In relation to the perceptions for the future, 51 per cent of all respondents expect corporate governance to remain the same, 26 per cent expect an improvement and 17 per cent expect deterioration (Figure 27). More respondents believe that corporate governance will improve in the future than think that it has improved in the past two years, but overall the expectation is that things will remain the same. A significantly higher percentage of professionals/business owners reports that they do not know or are not sure how corporate governance will change in the future, and a significantly higher percentage of management executives expect it to remain the same. 49 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG (CONTINUED) FIGURE 27. PERCEPTION OF HOW CORPORATE GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 25% Worsen 26% 47% Improve Remain the same 2% Don’t know / not sure Professionals / Business Owners 29% Improve 16% 42% Worsen Remain the same 13% Don’t know / not sure Management Executives 22% Improve 64% Remain the same 10% Worsen 4% Don’t know / not sure Significantly higher than average Significantly lower than average 50 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: HONG KONG (CONTINUED) In response to the open question: “What would you say is the most urgent issue that needs to be addressed in relation to corporate governance in Hong Kong?” 15 per cent of respondents said they did not know and 44 per cent said nothing. Of the remainder, the top eight responses included: RESPONDENTS’ COMMENTS ”MORE TRANSPARENCY OF THE LISTED COMPANIES TOWARDS MINORITY SHAREHOLDERS” • a lack of transparency (5 per cent) • insufficient legislation, unstable regulatory framework on corporate governance, and many loopholes (4 per cent) • fraud is a big issue for business (3 per cent) “SET UP REGULATORY FRAMEWORK” • t he rights of minority shareholders are not adequately protected (3 per cent) • C ompanies face problems because of corruption and dishonesty (for example insider trading and breach of confidence) (2 per cent) • lack of transparency and reliability in the financial report (2 per cent) • lack of guidelines, supervision on foreign investments and foreign companies (2 per cent) • p revention of monopolistic activities and unfair competition (2 per cent) Overall, the majority of respondents feel that corporate governance has remained the same and expect it to do so in the future. There is a high level of indifference with many aspects of corporate governance, but there is also strong agreement that companies comply with the law and the corporate governance code. Compliance with auditing standards and auditor independence are also perceived very positively in relation to the other aspects of corporate governance. “UNIVERSALLY RECOGNIZED CORPORATE GOVERNANCE FRAMEWORK AND STANDARDS FOR DISCLOSURES; LAW ENFORCEMENT” 51 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA MARKET GOVERNANCE to enable good governance. Corruption in business and government are seen as the most serious problems in Indonesia, with 93 per cent and 92 per cent of respondents respectively tending to agree or strongly agree. However in contrast, most respondents believe that there are appropriate institutions and laws and regulations for good governance which are enforced. The apparent conflict between these two positions is difficult to explain without further research. Corruption appears to be a prominent issue for Indonesia in both government and business. There also appears to be significant agreement that there should be less political interference in the judiciary. As shown below in Figure 28, despite the issues identified in relation to corruption, most respondents agree that good governance enables economic growth and that there are appropriate laws, regulations and institutions FIGURE 28. HIGHER AGREEMENT IN MARKET GOVERNANCE ISSUES I think corruption in a business is a serious problem 15% 78% 2% 1% 2% 3% I think corruption in the government is a serious problem 15% 4% 76% 1% 2%1% There must be less political interference in the judiciary 24% 4% 67% 2% 1% 2% Good governance enables economic growth 5% 25% 65% 1%1% 2% There are appropriate laws and regulations to ensure good governance 4% 15% 48% 1% 1% There are appropriate institutions to enable good governance 15% 2% 2% 2% There is appropriate enforcement of laws and 7% regulations for good governance 2% 1% The government is accountable Not sure 38% Strongly disagree 7% 47% 13% 7% 11% Tend to disagree 36% 32% 8% 45% 27% Neither agree or disagree 39% Tend to agree Strongly agree 52 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) Unlike findings in some of the other markets, there are more significant differences between perceptions of the three groups of respondents in Indonesia (see Table 5 below), which may explain some of the contradictory views expressed. Professionals/business owners are significantly less likely to agree that good governance enables economic growth and there is appropriate enforcement of laws and regulations for good governance. They are also more likely to disagree with the view that corruption is a serious problem for business and government, and that there must be less political interference in the judiciary. Shareholders are more likely to agree that the government is accountable. TABLE 5. HIGHER AGREEMENT BY GROUP OF RESPONDENTS Shareholders Professional / Business Owners Management Executives TOTAL Shareholders Professional / Business Owners Management Executives TEND TO DISAGREE & STRONGLY DISAGREE TOTAL TEND TO AGREE & STRONGLY AGREE I think corruption in a business is a serious problem 93% 91% 93% 94% 2% 0% 7% 0% I think corruption in the government is a serious problem 92% 91% 91% 92% 3% 0% 7% 2% There must be less political interference in the judiciary 92% 96% 89% 89% 2% 0% 7% 0% Good governance enables economic growth 91% 93% 84% 96% 4% 2% 9% 0% There are appropriate laws and regulations to ensure good governance 85% 91% 86% 79% 5% 2% 9% 4% There are appropriate institutions to enable good governance 83% 82% 86% 81% 5% 4% 7% 4% There is appropriate enforcement of laws and regulations for good governance 76% 84% 66% 79% 8% 5% 16% 4% The government is accountable 67% 79% 61% 60% 18% 9% 20% 25% Significantly higher than average Significantly lower than average 53 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) lives of ordinary people are improving. Political interference in business and the judiciary is also seen as an issue, however most respondents trust the laws of Indonesia and believe the government is serious in tackling corruption. The issues respondents from Indonesia showed less agreement with are listed in Figure 29. In another example of the apparent conflict in overall results, two thirds of respondents (66 per cent) think that economic development only benefits the wealthy, and 57 per cent also think that the FIGURE 29. LOWER AGREEMENT IN MARKET GOVERNANCE ISSUES Economic development only benefits the wealthy people 7% 13% 13% 36% 30% 2% Ordinary people’s lives are improving 19% 17% 28% 29% 4% 2% I trust the laws of Indonesia 5% I think the government is serious about tackling corruption 8% Most people obey the laws 7% I think there is no political interference in business 7% The government is transparent I am confident that laws are enforced fairly I think there is no political interference in the judiciary Not sure Strongly disagree 5% 8% 6% 6% 22% 12% 5% 11% 15% 10% 21% 10% 11% 10% 15% Tend to disagree 32% 27% 15% 26% 27% 19% 24% 15% 29% 28% 33% 13% 28% 24% 13% 14% Neither agree or disagree 19% 21% 20% 24% 16% 21% 17% Tend to agree Strongly agree 54 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) on the nine statements of lower agreement, a number of significant differences are identified in the Indonesian sample. Table 6 provides the differences, including the significant ones. Unlike many other markets surveyed, where few significant differences are found in the perceptions of shareholders, professionals/ business owners and management executives TABLE 6. LOWER AGREEMENT BY GROUP OF RESPONDENTS Shareholders Professional / Business Owners Management Executives TOTAL Shareholders Professional / Business Owners Management Executives TEND TO DISAGREE & STRONGLY DISAGREE TOTAL TEND TO AGREE & STRONGLY AGREE Economic development only benefits the wealthy people 65% 64% 71% 60% 20% 23% 18% 19% Ordinary people's lives are improving 58% 63% 46% 64% 21% 13% 34% 17% I trust the laws of Indonesia 55% 68% 43% 55% 28% 16% 43% 26% I think the government is serious about tackling corruption 55% 66% 48% 51% 27% 14% 34% 32% Most people obey the laws 52% 64% 43% 47% 27% 14% 34% 32% I think there is no political interference in business 44% 50% 30% 51% 36% 27% 54% 28% The government is transparent 41% 52% 27% 43% 39% 25% 54% 38% I am confident that laws are enforced fairly 39% 50% 21% 47% 39% 30% 55% 32% I think there is no political interference in the judiciary 38% 43% 27% 43% 42% 29% 61% 38% Significantly higher than average Significantly lower than average Shareholders are generally more positive about law-related issues, government’s tackling of corruption and government transparency. Comparatively, professionals/business owners are less positive across these factors, as well as political interference and improvement in the lives of ordinary people. As illustrated in Figure 30, market governance over the past two years is considered to have been static by 49 per cent of respondents. Similar views are expressed in relation to deterioration (25 per cent) or improvement (24 per cent) in market governance. Again, shareholders are significantly more likely to think that market governance improved and less likely to think that it remained the same than the other two groups, while professionals/ business owners are considerably less likely to think it has improved and more likely to think it has remained the same. 55 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) FIGURE 30. PERCEPTION OF HOW MARKET GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 21% Worsened 4% 34% Don’t know / not sure Remained the same 41% Improved Professionals / Business Owners 25% Worsened 0% Don’t know / not sure 63% Remained the same 13% Improved Management Executives 28% Worsened 19% 51% Improved Remained the same 2% Don’t know / not sure Significantly higher than average Significantly lower than average The vast majority of respondents (82 per cent) think that market governance will improve in the future, however across the three cohorts, shareholders are more confident of this than management executives (Figure 31). Only 4 per cent of management executives think that governance will worsen, while none of the shareholders and professionals/business owners surveyed believe things will deteriorate. 56 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) FIGURE 31. P ERCEPTION OF HOW MARKET GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 0% Worsen 7% 91% Remain the same Improve 2% Don’t know / not sure Professionals / Business Owners 0% Worsen 11% Remain the same 82% Improve 7% Don’t know / not sure Management Executives 0% Don’t know / not sure 25% 72% Remain the same Improve 4% Worsen Significantly higher than average Significantly lower than average 57 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) In response to the open question: “What would you say is the most urgent issue that needs to be addressed in relation to market governance in Indonesia” the responses were highly concentrated. The top eight themes listed below represent 92 per cent of all responses: • corruption (unspecific) (31 per cent) • the rule of law, too many loopholes in the legislations and inappropriate law enforcement (15 per cent) • u nstable economic state, poor economic growth, poor value of currency and overseas debt (13 per cent) • b etter development of infrastructure, town planning and community (10 per cent) • m onopolies and unfair trading, protection for small traders and protection for minority shareholders (7 per cent) • c orruption of civil servants, councils, state government and bureaucracy (5 per cent) • s ocial and cultural human rights, human morality, race equality and freedom of speech (5 per cent) • c ost of living is too high, inflation and high price of source materials (5 per cent) Overall, respondents from Indonesia identify corruption as a major issue but also think that the country has the appropriate infrastructure in place for good governance. They are also very optimistic that market and corporate governance will improve in the future. RESPONDENTS’ COMMENTS “CUMBERSOME BUREAUCRACY, CORRUPTION, BRIBES (GRATUITIES), TRADE CARTELS, MONOPOLIES, EXTORTION, JUDGES WHO ARE EASILY BRIBED AND POLITICIANS WHO INTERVENE IN BUSINESS” “IMPROVING THE LAW AND FIGHTING CORRUPTION” “THE PROBLEM OF THE ECONOMIC STATE AND CORRUPTION IN INDONESIA” 58 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) CORPORATE GOVERNANCE Figure 32 provides the responses from Indonesia to the corporate governance statements of the questionnaire. The graph lists the areas in order of most agreement – representing tend to agree and strongly agree responses. According to the results, companies are seen to have effective risk management frameworks, clearly defined responsibilities for commissioners and appropriate committees to enable good governance. In Indonesia, 94 per cent of respondents agree or strongly agree that fraud is a big issue for business, and 83 per cent believe that companies face problems because of corruption. However, 60 per cent also think that the vast majority of companies behave ethically, 70 per cent believe that companies have effective processes to reduce the risk of mismanagement and 76 per cent think that companies have effective risk management frameworks. Views on financial reporting also appear positive. The vast majority (84 per cent) of respondents consider that financial reports provide users with all necessary information. Further, two thirds (66 per cent) consider them adequate and 68 per cent consider them to be trustworthy. Most respondents agree with statements that relate to compliance with the governance code, the adequacy of oversight of compliance and reporting on compliance with it. In relation to audit, 65 per cent of respondents agree that auditing standards are complied with, 69 per cent that auditing standards are adequate and 79 per cent that external auditors are independent. 59 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) FIGURE 32. CORPORATE GOVERNANCE IN INDONESIA 30% Fraud is a big issue for business 64% 1%1% 2% 2% Corporate governance improves when government accountability and financial transparency improves 10% 34% 52% 2% 2% 8% Financial reports provide users with all the necessary information 49% 35% 4%1% 3% 10% Companies face problems because of corruption 37% 46% 3%1% 4% 12% Companies have the necessary committees for good governance 51% 31% 50% 30% 3%1% 2% 11% There are appropriate institutions to enable good governance 3%1% 5% 12% Shareholder rights are adequately protected 53% 26% 5% 4% 6% I think external auditors are independent 9% 34% 45% 5% 6% Companies have effective risk management frameworks 14% 48% 28% 4% 9% 10% The responsibilities of boards of commissioners are clearly defined 44% 32% 4% 1% 7% Listed companies are accountable 11% 48% 28% 1% 5% Overall I am optimistic about the future of corporate governance in Indonesia 7% 16% 44% 29% 3% 10% 12% Information disclosed by companies is adequate 50% 20% 44% 26% 5% 2% Companies have effective processes to reduce the risk of mismanagement 7% 18% 4% 1% Companies report on compliance with the Code of Good Corporate Governance Companies face problems because the boards of commissioners make bad decisions 9% 6% 15% 7% 18% 41% 29% 42% 27% 4% 2% Listed companies comply with the corporate governance code 7% 12% 13% 43% 25% Auditing standards are adequate 8% 45% 24% 18% 5% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 60 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) FIGURE 32. CORPORATE GOVERNANCE IN INDONESIA (CONTINUED) 9% 9% 12% Financial reports are trustworthy 44% 24% 2% Listed entities report on their compliance with the Code of Good Corporate Governance 10% 9% 13% Compliance with the Code of Good Corporate Governance is overseen adequately 7% 10% 13% 39% 28% 43% 24% 3% 7% 10% Company reporting is adequate 16% 43% 11% 8% 15% 42% 23% 2% Boards of commissioners fulfil their responsibilities 8% 12% Auditing standards are complied with 14% 32% 23% 33% 1% 8% 10% Companies comply with laws and regulations 17% 41% 24% 16% 41% 22% 18% 42% 20% 17% 41% 21% 20% 33% 1% 10% 10% Listed companies are transparent 1% 7% 10% The rights of minority shareholders are adequately protected 2% 10% 10% Company reporting is trusted 1% Boards of commissioners are effective in discharging their responsibilities 7% 13% 27% 1% 16% The vast majority of companies behave ethically 16% 40% 20% 5% 2% Corporate governance in Indonesia is improving 10% 10% 19% 41% 18% 41% 16% 2% Corporate governance in Indonesia is effective 9% 13% 16% 4% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 61 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) Overall, in Indonesia there is a relatively low level of disagreement and indifference (neither agree / nor disagree responses) with the corporate governance issues addressed and a high level of agreement. However, several issues are identified. In addition to corruption and fraud, most agree that companies face problems because the boards of commissioners make bad decisions. There are a number of significant differences between the three groups of respondents, which included: • shareholders are significantly more likely to agree that shareholder rights are adequately protected, external auditors are independent, and the responsibilities of company directors are clearly defined. They are also more likely to think that auditing standards are adequate, that information disclosed by companies and their reporting is adequate and trusted, and that the majority of companies behave ethically. • professionals/business owners are significantly less likely to think that listed companies are accountable and report on their compliance with the code of corporate governance adequately, that auditing standards are adequate, and that corporate governance in Indonesia is improving. Figure 33 shows respondents’ views on corporate governance over the past two years. Most respondents are of the view that corporate governance remained the same (53 per cent). However, 35 per cent think it has improved, 9 per cent believe it has worsened and 3 per cent do not know or are not sure if corporate governance changed. Shareholders are again more positive in their assessment of the changes in corporate governance in the past two years, with 50 per cent thinking it has improved and 39 per cent of the view that it has remained the same. These are significantly different to the perceptions of professionals/business owners and management executives who are more likely to think that it remained the same. Very few from any sub-group think that corporate governance has worsened. 62 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) FIGURE 33. P ERCEPTION OF HOW CORPORATE GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 39% Remained the same 50% Improved 7% Worsened 4% Don’t know / not sure Professionals / Business Owners 27% Improved 61% Remained the same 9% Worsened 4% Don’t know / not sure Management Executives 28% Improved 60% Remained the same 9% Worsened 2% Don’t know / not sure Significantly higher than average Significantly lower than average The future of corporate governance in Indonesia appears very positive with 35 per cent indicating that it has improved in the past two years and most expressing a view that it will further improve in the future (Figure 34). Overall, 84 per cent of all respondents expect corporate governance to improve, 13 per cent expect it to remain the same and none of those surveyed expect a deterioration. Again, shareholders are the most positive, but not significantly so. Management executives are considerably less positive but remain optimistic when compared to respondents from other markets. 63 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) FIGURE 34. P ERCEPTION OF HOW CORPORATE GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 0% Worsen 7% 91% Remain the same Improve 2% Don’t know / not sure Professionals / Business Owners 0% Worsen 9% Remain the same 86% Improve 5% Don’t know / not sure Management Executives 0% 0% Worsen Don’t know / not sure 75% 25% Improve Remain the same Significantly higher than average Significantly lower than average 64 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: INDONESIA (CONTINUED) In response to the open question: “What would you say is the most urgent issue that needs to be addressed in relation to corporate governance in Indonesia?” a number of themes emerged. The top 10 themes listed below represent 72 per cent of all responses. The most frequently cited issues include: • c ompanies face problems because of corruption and dishonesty (such as insider trading and breach of confidence) (16 per cent) • p oor human resource management and lack of skilled labour force (8 per cent) • lack of transparency (8 per cent) • insufficient legislation, unstable regulatory framework on corporate governance and many loopholes (8 per cent) • lack of transparency and reliability in the financial report (8 per cent) • p oor compliance and law enforcement (7 per cent) • bad economic environment (5 per cent) • d ifficulty of getting various licenses and permits granted (4 per cent) • c ompanies face problems because of mismanagement (4 per cent) • c ompanies do not behave ethically and lack of social responsibilities (4 per cent) Overall, respondents agree that corporate governance has improved in the last two years and the vast majority expect it to improve in the future. Fraud and corruption are considered important issues but there is also general agreement that appropriate institutions for good governance exist. RESPONDENTS’ COMMENTS “THE PREVENTION OF CORRUPTION AND INSIDER TRADING” “MANAGEMENT TRANSPARENCY AND THE ERADICATION OF CORRUPTION, COLLUSION AND NEPOTISM” “TIGHTEN UP OVERSIGHT OF COMPANIES. YOU WANT TO PROSECUTE ANY VIOLATIONS” 65 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA MARKET GOVERNANCE or strongly agree that there is a problem with corruption in government and 68 per cent think that there must be less interference in the judiciary. The survey found a high level of agreement that there are issues of corruption and political interference in Malaysia. However, there is also a widespread view that there are appropriate institutions, laws and regulations to enable good governance (Figure 35). However, despite these views on corruption in business and government, 49 per cent of respondents tend to agree or strongly agree that there are appropriate institutions to enable good governance, 50 per cent think that there are appropriate laws and regulations for good governance and 47 per cent believe most people obey the laws. Corruption in business is seen as the most serious problem in Malaysia, as 83 per cent of respondents tend to agree or strongly agree that it is a problem and 82 per cent that it is a serious problem. Similarly, 76 per cent of respondents tend to agree FIGURE 35. HIGHER AGREEMENT IN MARKET GOVERNANCE ISSUES There is a problem with corruption in business 12% 38% 45% 1% 3% 1% Good governance enables economic growth 11% 25% 57% 2% 2% 3% I think corruption in business is a serious problem 5% 4% There is a problem with corruption in the government 10% 4% 27% 14% 55% 25% 51% 3% 3% I think corruption in the government is a serious problem 5% 4% 14% 15% 60% 1% There must be less political interference in the judiciary 6% 19% 23% 45% 2% 4% Economic development only benefits the wealthy people 10% 19% 36% 31% 1% 3% There are appropriate institutions to enable good governance There are appropriate laws and regulations to ensure good governance 13% 35% 14% 1% 5% 7% 18% 25% 32% 18% 1% Most people obey the laws Not sure 32% Strongly disagree 5% 17% Tend to disagree 31% Neither agree or disagree 33% Tend to agree 14% Strongly agree 66 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA (CONTINUED) There are a few significant differences between perceptions of the three groups of respondents in Malaysia as shown below in Table 7. Professionals/business owners are significantly less likely to think corruption in government is a serious problem, while management executives are considerably more likely to agree that it is. Shareholders are significantly more likely to agree that there are appropriate laws and regulations to ensure good governance and that most people obey the laws. TABLE 7. HIGHER AGREEMENT BY GROUP OF RESPONDENTS Shareholders Professional / Business Owners Management Executives TOTAL Shareholders Professional / Business Owners Management Executives TEND TO DISAGREE & STRONGLY DISAGREE TOTAL TEND TO AGREE & STRONGLY AGREE There is a problem with corruption in business 83% 88% 79% 82% 4% 4% 2% 6% Good governance enables economic growth 82% 87% 77% 84% 5% 2% 4% 8% I think corruption in business is a serious problem 82% 81% 81% 84% 8% 10% 6% 10% There is a problem with corruption in the government 76% 83% 67% 78% 7% 6% 6% 10% I think corruption in the government is a serious problem 75% 75% 63% 88% 9% 8% 15% 4% There must be less political interference in the judiciary 68% 71% 65% 68% 10% 12% 10% 10% Economic development only benefits the wealthy people 68% 71% 63% 68% 13% 12% 19% 8% There are appropriate institutions to enable good governance 49% 48% 44% 56% 18% 19% 15% 18% There are appropriate laws and regulations to ensure good governance 49% 62% 46% 40% 25% 23% 27% 24% Most people obey the laws 47% 62% 38% 42% 22% 21% 31% 14% Significantly higher than average Significantly lower than average 67 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA (CONTINUED) Many respondents (38 per cent) neither agree nor disagree about whether they trust the laws of Malaysia, and slightly fewer feel the same way about their enforcement (30 per cent). The issues respondents from Malaysia showed less agreement with are listed in Figure 36. Only 15 per cent of respondents tend to agree or strongly agree that the government is transparent, 19 per cent tend to agree or strongly agree that there is no political interference in business and 23 per cent tend to agree or strongly agree that there is no political interference in the judiciary. There are no significant differences in the perceptions reported in Figure 36 below between shareholders, professionals/business owners and management executives. FIGURE 36. LOWER AGREEMENT IN MARKET GOVERNANCE ISSUES The government is accountable 13% 18% 25% 20% 23% 1% There is appropriate enforcement of laws and regulations for good 8% 24% 27% 25% 14% 2% I think the government is serious about tackling corruption 23% Ordinary people’s lives are improving 22% 11% 23% 32% 19% 24% 13% 23% 8% 2% 11% I trust the laws of Malaysia 20% 38% 19% 11% 1% I am confident that laws are enforced fairly 16% 29% 30% 18% 7% 15% 8% 1% I think there is no political interference in the judiciary 26% I think there is no political interference in business 28% 32% 33% The government is transparent 23% 32% 17% 25% 24% 13% 9% 6% 6% 2% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree Figure 37 provides the Malaysian respondents’ perception of market governance over the past two years, which is widely perceived to have worsened (47 per cent of all respondents). Only 16 per cent of those surveyed believe that market governance has improved, and 31 per cent believe that it remained the same. There are no significant differences between the three groups of respondents. 68 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA (CONTINUED) FIGURE 37. P ERCEPTION OF HOW MARKET GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 31% Remained the same 50% 13% Worsened Improved 6% Don’t know / not sure Professionals / Business Owners 31% Remained the same 42% 19% Worsened Improved 8% Don’t know / not sure Management Executives 32% Remained the same 50% 16% Worsened Improved 2% Don’t know / not sure Significantly higher than average Significantly lower than average While only 16 per cent of respondents think that market governance improved in the past two years, 44 per cent think that it will improve in the future, 25 per cent think that it will worsen and 24 per cent that it will remain the same (Figure 38). Significantly more shareholders think that market governance will deteriorate in the future than professional/business owners and management executives. 69 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA (CONTINUED) FIGURE 38. P ERCEPTION OF HOW MARKET GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 35% Improve 19% 37% Remain the same Worsen 10% Don’t know / not sure Professionals / Business Owners 25% Remain the same 50% 17% Improve Worsen 8% Don’t know / not sure Management Executives 28% Remain the same 46% 22% Improve Worsen 4% Don’t know / not sure Significantly higher than average Significantly lower than average 70 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA (CONTINUED) In response to the open question: “What would you say is the most urgent issue that needs to be addressed in relation to market governance in Malaysia?” the responses were rather concentrated. While every respondent expressed a view, the top eight themes listed below represent 74 per cent of responses: RESPONDENTS’ COMMENTS “POVERTY, CORRUPTION AND ILLEGAL IMMIGRANTS” • corruption (unspecific) (27 per cent) • corruption of civil servants, councils, state government and bureaucracy, and government not listening to the general public (10 per cent) • cost of living is too high, inflation and high price of source materials (8 per cent) • s ocial and cultural human rights, human morality, race equality and freedom of speech (7 per cent) • t he rule of law, judicial justice, too many loopholes in the legislations and inappropriate law enforcement (6 per cent) • t oo much political interference (such as in business and the judiciary) (5 per cent) “MAIN ISSUE IS TO CONTROL INFLATIONARY PRESSURES AND ERADICATE CORRUPTION IN THE GOVERNMENT AND JUDICIARY BRANCHES” “1) A LOT OF CRIME DAY AFTER DAY • lack of transparency (5 per cent) 2) INCREASING PRICE IN HOUSEHOLD ITEMS • u nstable economic state, poor economic growth, poor value of currency and overseas debt (5 per cent) 3) L ACK OF HOUSE FOR LOWER PEOPLE TO OWN/BUY” Overall, respondents from Malaysia identify corruption as a major issue in both business and government. Respondents were also uncertain about their trust in the laws of Malaysia and their enforcement and believe there is political interference in business and the judiciary. More respondents think that market governance has worsened than those who feel it has remained the same, but more expect it to improve in the future than remain the same or worsen. 71 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA (CONTINUED) CORPORATE GOVERNANCE Figure 39 provides the responses from Malaysia to the corporate governance statements of the questionnaire. The chart lists the areas in order of most agreement – representing tend to agree and strongly agree responses. Respondents identify fraud and corruption as the main issues businesses face. In Malaysia, 84 per cent of respondents tend to agree or strongly agree that fraud is a big problem for business and 77 per cent think that companies face problems because of corruption. Over two thirds (68 per cent) also tend to agree or strongly agree that companies face problems because the boards of directors make bad decisions. However, 59 per cent tend to agree or strongly agree that there are appropriate institutions to enable good governance. While 54 per cent of respondents tend to agree or strongly agree that financial reports provide users with all the necessary information, 44 per cent think company reporting is adequate. Only 36 per cent tend to agree or strongly agree that financial reports are trustworthy and 39 per cent that company reporting is trusted. In relation to compliance with the governance code, 52 per cent tend to agree or strongly agree that listed companies comply with the corporate governance code, 48 per cent that companies report on compliance with the code adequately, but 41 per cent agree or strongly agree that compliance with the code is overseen adequately. In relation to audit, 58 per cent of respondents tend to agree or strongly agree that auditing standards are complied with, 56 per cent that auditing standards are adequate and 52 per cent that external auditors are independent. 72 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA (CONTINUED) FIGURE 39. CORPORATE GOVERNANCE IN MALAYSIA 12% Fraud is a problem for business 44% 40% 1% 1% 3% 14% Fraud is a big issue for business 35% 45% 1% 4% 18% Companies face problems because of corruption 42% 35% 1% 2% 3% Corporate governance improves when government accountability and financial transparency improves Companies face problems because the boards of directors make bad decisions 19% 43% 29% 1% 3% 4% 25% 41% 27% 1% 1% 5% 31% There are appropriate institutions to enable good governance 45% 14% 1% 3% 6% 8% Auditing standards are complied with 28% 46% 12% 4% 2% 13% Auditing standards are adequate 29% 47% 9% 1% 1% 12% Listed companies are accountable 30% 42% 14% 2% 1% Financial reports provide users with all the necessary information 10% 31% 44% 10% 2% 3% Listed companies comply with the Code on Corporate Governance 7% 38% 44% 8% 42% 10% 32% 40% 11% 31% 41% 10% 33% 44% 7% 33% 42% 8% 42% 8% 38% 10% 1% 2% 11% I think external auditors are independent 34% 2% 1% 13% The responsibilities of company directors are clearly defined 1% 3% Companies have effective processes to reduce the risk of mismanagement 16% 1% 2% Companies have the necessary committees for good governance 10% 3% 3% Companies comply with laws and regulations 12% 1% 3% 15% The vast majority of companies behave ethically 27% 3% 5% Companies have effective risk management frameworks 10% 37% 3% 3% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 73 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA (CONTINUED) FIGURE 39. CORPORATE GOVERNANCE IN MALAYSIA (CONTINUED) 14% Companies report on compliance with the Code on Corporate Governance 33% 10% 38% 2%3% Listed entities report on their compliance with the Code on Corporate Governance adequately 13% 35% 42% 2%2% 6% 16% Shareholder rights are adequately protected 37% 36% 8% 1% 2% 16% Company reporting is adequate 34% 37% 2%4% 7% 14% Overall I am optimistic about the future of corporate governance in Malaysia 36% 32% 10% 1% 6% 16% Compliance with the Code on Corporate Governance is overseen adequately 40% 35% 1% 2% 6% 17% Information disclosed by companies is adequate 38% 33% 6% 2%4% 16% Company reporting is trusted 38% 16% 38% 34% 34% 5% 5% 29% 10% 5% 2% Corporate governance in Malaysia is improving 19% 34% 16% 39% 31% 7% 35% 32% 6% 4% 3% Boards of directors are effective in discharging their responsibilities 4% 3% Corporate governance in Malaysia is effective 6% 19% 6% 1% 6% Listed companies are transparent 22% 33% 32% 4% 2% 6% The rights of minority shareholders are adequately protected 19% 36% 30% 40% 31% 6% 3% 19% Financial reports are trustworthy 3% 3% 16% Boards of directors fulfil their responsibilities 5% 44% 27% 8% 1% 4% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 74 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA (CONTINUED) Overall, in Malaysia there is a relatively low level of agreement and high level of indifference with many of the corporate governance statements, with the majority of respondents neither agreeing nor disagreeing. The significant differences between the three groups of respondents are: • s hareholders are more likely to agree that corporate governance improves when government accountability and financial transparency improves • s hareholders are more likely to agree that auditing standards are complied with, while management executives were significantly less likely to agree • s hareholders are more likely to agree and professionals/business owners less likely to agree that companies comply with laws and regulations • s hareholders were more likely to agree that the vast majority of companies behave ethically Figure 40 shows respondents’ views on corporate governance over the past two years. More respondents are likely to think that corporate governance remained the same (44 per cent) than improved (31 per cent). Overall, 21 per cent of respondents think that corporate governance worsened and 5 per cent do not know or are not sure. There are some differences between the different groups of respondents, with professionals/business owners being more likely to believe that corporate governance improved rather than worsened, but these differences are not significant. 75 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA (CONTINUED) FIGURE 40. PERCEPTION OF HOW CORPORATE GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 25% Improved 21% 50% Worsened Remained the same 4% Don’t know / not sure Professionals / Business Owners 37% Improved 19% 37% Worsened Remained the same 8% Don’t know / not sure Management Executives 30% Improved 50% 22% Remained the same Worsened 4% Don’t know / not sure Significantly higher than average Significantly lower than average The future of corporate governance in Malaysia appears more positive than the assessment of the recent past (Figure 41). Overall, 44 per cent of all respondents expect corporate governance to improve, 19 per cent expect it to remain the same, and 19 per cent expect deterioration. In addition, 8 per cent of respondents are not sure or do not know how corporate governance will change in the future. While shareholders are more likely to believe that corporate governance will remain the same or worsen, these differences between the groups are not significant. Management executives, however, are significantly more likely to not know or not be sure about how corporate governance will change in the future. 76 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA (CONTINUED) FIGURE 41. P ERCEPTION OF HOW CORPORATE GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 37% Remain the same 23% 37% Worsen Improve 4% Don’t know / not sure Professionals / Business Owners 29% Remain the same 48% 17% Improve Worsen 6% Don’t know / not sure Management Executives 22% Remain the same 48% 16% Improve Worsen 14% Don’t know / not sure Significantly higher than average Significantly lower than average 77 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: MALAYSIA (CONTINUED) In response to the open question “What would you say is the most urgent issue that needs to be addressed in relation to corporate governance in Malaysia?” a number of themes emerged. The top 10 themes (the last four themes all represent 3 per cent and are included) listed below represent nearly half (46 per cent) of responses. Overall, none of those surveyed said they do not know and just 1 per cent did not provide a response. The most frequently cited issues include: • c ompanies face problems because of corruption (such as insider trading and breach of confidence) (12 per cent) • f raud is a big issue for business and dishonesty (8 per cent) • b ad political environment (for example corruption, bureaucracy and biased policies) (5 per cent) • a lack of transparency (such as company management and government operation) (5 per cent) • p oor compliance and law enforcement (3 per cent) • t ighter control and good governance (unspecified) (3 per cent) • b oards of directors are not independent (3 per cent) • e mployee rights and welfare need to be better protected (3 per cent) • lack of transparency and reliability in the financial report (3 per cent) • t oo much government and political influence on policy and business activity (3 per cent) Overall, fraud and corruption are considered the most important issues in Malaysia in government and business. More respondents are optimistic about improvements of corporate governance in the future than those who think that it has improved in the past two years. RESPONDENTS’ COMMENTS “ENSURE INDEPENDENT DIRECTORS ARE TRULY INDEPENDENT OF CONTROLLING SHAREHOLDERS AND CAN DISCHARGE THEIR FIDUCIARY DUTIES WITHOUT FEAR OR FAVOUR” “DIRECTOR INSIDER TRADING AND STOCK MANIPULATION” “HAVING A CLEAN GOVERNMENT WILL RESOLVE MANY OF THE CORPORATE ISSUES” 78 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND MARKET GOVERNANCE In New Zealand, as illustrated in Figure 42, there is a high level of agreement that good governance enables economic growth, that people obey and trust the country’s laws and that there are appropriate institutions to enable good governance. However, there is some polarisation in agreement that the government is accountable. Unlike many other markets surveyed, responses from New Zealand do not place corruption among issues with higher agreement. FIGURE 42. HIGHER AGREEMENT IN MARKET GOVERNANCE ISSUES Good governance enables economic growth 5% 51% 35% 4% 2% 4% Most people obey the laws 12% 64% 18% 2% 4% I trust the laws of New Zealand 10% 25% 48% 13% 1% 2% There are appropriate institutions to enable good governance 9% 28% 43% 15% 4% 1% There must be less political interference in the judiciary 13% 29% 41% 14% 1% 1% There are appropriate laws and regulations to ensure good governance 15% The government is accountable There is appropriate enforcement of laws and regulations for good governance I think the government is serious about tackling corruption 26% 45% 10% 3% 1% 7% 24% 19% 29% 19% 2% 23% 26% 40% 7% 4% 1% 20% 27% 34% 10% 4% 5% I am confident that laws are enforced fairly 26% 26% 36% 7% 1% 4% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 79 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) There are only two significant differences between perceptions of the three groups of respondents in New Zealand (Table 8), indicating little variability between respondents’ perceptions. Professionals/business owners are significantly less likely to trust the laws of New Zealand, while shareholders are considerably more likely to trust them. TABLE 8. HIGHER AGREEMENT BY GROUP OF RESPONDENTS Shareholders Professional / Business Owners Management Executives TOTAL Shareholders Professional / Business Owners Management Executives TEND TO DISAGREE & STRONGLY DISAGREE TOTAL TEND TO AGREE & STRONGLY AGREE Good governance enables economic growth 85% 86% 79% 92% 5% 7% 5% 4% Most people obey the laws 82% 81% 84% 80% 7% 7% 7% 6% I trust the laws of New Zealand 62% 72% 50% 62% 13% 10% 14% 14% There are appropriate institutions to enable good governance 58% 64% 50% 60% 10% 10% 7% 14% There must be less political interference in the judiciary 55% 55% 55% 56% 14% 21% 9% 12% There are appropriate laws and regulations to ensure good governance 54% 59% 46% 58% 16% 14% 21% 14% The government is accountable 48% 50% 46% 46% 31% 28% 36% 30% There is appropriate enforcement of laws and regulations for good governance 47% 53% 38% 50% 23% 19% 29% 22% I think the government is serious about tackling corruption 45% 50% 36% 48% 24% 26% 27% 20% I am confident that laws are enforced fairly 43% 48% 36% 46% 30% 28% 39% 22% Significantly higher than average Significantly lower than average 80 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) with 42 per cent tending to agree or strongly agreeing that corruption is a serious problem in business, while a third (34 per cent) thought this was the case for government. The issues respondents from New Zealand showed less agreement with are listed in Figure 43. More than 50 per cent of respondents tend to disagree or strongly disagree with the statements “the government is transparent” and “there is no political interference in business”. Corruption in business is considered an issue for more respondents than corruption in government, A relatively high percentage of respondents neither agreed nor disagreed with statements that concern market governance in New Zealand. FIGURE 43. LOWER AGREEMENT IN MARKET GOVERNANCE ISSUES I think corruption in business is a serious problem 7% 24% 23% 27% 15% 4% There is a problem with corruption in business 23% 30% 29% 12% 4% 2% Economic development only benefits the wealthy people 9% 35% 16% 28% 10% 2% I think corruption in the government is a serious problem 15% 29% 18% 27% 7% 4% Ordinary people’s lives are improving 10% 25% 30% 31% 1% There is a problem with corruption in the government I think there is no political interference in the judiciary 5% 2% 12% 5% 5% 27% 29% 36% 21% 30% 18% 6% 5% 1% The government is transparent 16% 35% 24% 17% 3% I think there is no political interference in business 4% 10% 48% 28% 2% Not sure Strongly disagree 10% 1% Tend to disagree Neither agree or disagree Tend to agree Strongly agree 81 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) There are a number of significant differences in the perceptions reported in Figure 43 between shareholders, professionals/business owners and management executives, as illustrated in Table 9. Shareholders are significantly less likely to think corruption in government is a serious problem, more likely to think that the lives of ordinary people are improving and less likely to think that economic development only benefits wealthy people. Professionals/business owners are considerably more likely to think that corruption in government is a problem and less likely to think that the lives of ordinary people are improving. TABLE 9. LOWER AGREEMENT BY GROUP OF RESPONDENTS Shareholders Professional / Business Owners Management Executives TOTAL Shareholders Professional / Business Owners Management Executives TEND TO DISAGREE & STRONGLY DISAGREE TOTAL TEND TO AGREE & STRONGLY AGREE I think corruption in business is a serious problem 42% 38% 46% 42% 31% 38% 20% 36% There is a problem with corruption in business 41% 45% 38% 40% 25% 28% 20% 28% Economic development only benefits the wealthy people 38% 28% 43% 44% 44% 53% 39% 38% I think corruption in the government is a serious problem 34% 21% 46% 36% 43% 55% 29% 46% Ordinary people's lives are improving 34% 45% 20% 36% 35% 34% 39% 30% There is a problem with corruption in the government 27% 16% 39% 28% 38% 52% 25% 38% I think there is no political interference in the judiciary 23% 24% 21% 24% 41% 29% 52% 44% The government is transparent 21% 24% 16% 24% 51% 48% 59% 46% I think there is no political interference in business 12% 14% 7% 14% 58% 57% 63% 54% Significantly higher than average Significantly lower than average Figure 44 provides perceptions of changes to market governance over the past two years, which is widely perceived to have remained the same (44 per cent of all respondents). Only 13 per cent of all respondents think that market governance has improved, and 20 per cent believe that it worsened. Almost a quarter of all respondents don’t know or are not sure how it has changed. There are no significant differences between the three groups of respondents. 82 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) FIGURE 44. PERCEPTION OF HOW MARKET GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 21% Worsened 17% 47% Don’t know / not sure Remained the same 16% Improved Professionals / Business Owners 30% Don’t know / not sure 36% 27% Remained the same Worsened 7% Improved Management Executives 22% Don’t know / not sure 50% 16% Remained the same Improved 12% Worsened Significantly higher than average Significantly lower than average While 35 per cent of respondents think that market governance will stay the same, 32 per cent believe it will improve, 13 per cent think it will worsen, and 20 per cent are not sure or do not know (Figure 45). Management executives are significantly more likely to think that market governance will improve than shareholders and professionals/business owners. 83 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) FIGURE 45. P ERCEPTION OF HOW MARKET GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 28% Improve 40% 19% Remain the same Don’t know / not sure 14% Worsen Professionals / Business Owners 23% Improve 38% 21% Remain the same Don’t know / not sure 18% Worsen Management Executives 28% Remain the same 46% 20% Don’t know / not sure Improve 6% Worsen Significantly higher than average Significantly lower than average 84 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) In response to the open question: “What would you say is the most urgent issue that needs to be addressed in relation to market governance in New Zealand?” the responses are rather dispersed. The top eight themes listed below represent 40 per cent of responses. The themes that were mentioned the most were: • c orruption of civil servants, councils, state government and bureaucracy, and government not listening to the general public (8 per cent) • t axes are too high, complicated, unfair tax system and tax evasion (6 per cent) • t he rule of law, judicial justice, too many loopholes in the legislations and inappropriate law enforcement (6 per cent) RESPONDENTS’ COMMENTS “ENFORCE EXISTING LAWS FIRST BUT MAKE MEANINGFUL PENALTIES FOR WHITE COLLAR CRIME, THEN ADDRESS OTHER ISSUES” “GOVERNMENT NEEDS TO CONSIDER PUBLIC OPINION” • lack of accountability (unspecified) (6 per cent) • corruption of corporates (4 per cent) • e xploitation of low wage workers and unfair minimum wage (4 per cent) • h ousing issues (price or rent too high, and lack of state houses) (3 per cent) • wealth disparity and poverty (3 per cent) Overall, respondents from New Zealand are very positive in relation to the rule of law and the governance infrastructure. As is the case in other jurisdictions, they are more likely to think that the government is accountable but less likely to think that it is transparent. More respondents think that market governance will improve in the future than those who believe that it has improved in the last two years. There is a high degree of uncertainty in assessing the past and predicting the future with more than one in five respondents being unsure as to how market governance has changed and how it is expected to change. “SHARE OF REVENUE FROM NZ COMPANIES GOING OFFSHORE AND FOREIGN COMPANIES AVOIDING THEIR TRUE TAX LIABILITY IN NZ” 85 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) CORPORATE GOVERNANCE Figure 46 provides the responses from New Zealand to the corporate governance statements of the questionnaire. The chart lists the areas in order of most agreement – representing tend to agree and strongly agree responses. In New Zealand, 68 per cent of respondents tend to agree or strongly agree that fraud is a problem for business. Interestingly, 61 per cent tend to agree or strongly agree that companies face problems because the boards of directors make bad decisions and 31 per cent tend to agree or strongly agree that boards of directors are effective in discharging their responsibilities. In relation to reporting, 36 per cent of respondents tend to agree or strongly agree that company reporting is adequate and financial reports are trustworthy, while 34 per cent agree or strongly agree that financial reports provide users with all the necessary information and 29 per cent think that the information disclosed by companies is adequate. In relation to audit, 48 per cent of respondents tend to agree or strongly agree that auditing standards are complied with, 40 per cent believe that auditing standards are adequate and 61 per cent that external auditors are independent. In relation to compliance with the governance code, 43 per cent agree or strongly agree that listed companies comply with the corporate governance code, 42 per cent that companies report on compliance with the code, but 34 per cent agree or strongly agree that compliance with the code is overseen adequately. The least agreement is found in relation to shareholder rights, with only 27 per cent agreeing that they are adequately protected and 15 per cent agreeing that the rights of minority shareholders are adequately protected. 86 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) FIGURE 46. CORPORATE GOVERNANCE IN NEW ZEALAND 12% Fraud is a problem for business 15% 51% 17% 3% 2% Corporate governance improves when government accountability and financial transparency improves 7% 23% 10% The vast majority of companies behave ethically 15% 49% 5% 23% 12% 53% 2% 1% Companies face problems because the boards of directors make bad decisions 12% 23% 52% 9% 4% 1% 6% 9% I think external auditors are independent 21% 50% 11% 3% 7% Fraud is a big issue for business 19% 17% 42% 12% 2% 7% 14% There are appropriate institutions to enable good governance 29% 43% 7% 1% 20% Companies face problems because of corruption 25% 40% 8% 5% 2% 10% 13% Auditing standards are complied with 26% 43% 5% 2% 17% Companies comply with laws and regulations 26% 46% 2% 7% 2% 12% Listed companies are accountable 33% 9% 37% 5% 4% Overall I am optimistic about the future of corporate governance in New Zealand 16% 32% 42% 4% 4% 3% 7% The responsibilities of company directors are clearly defined 19% 26% 37% 8% 2% Listed companies comply with the code of corporate governance 10% 9% 36% 40% 3% 2% Companies report on compliance with the code of corporate governance 18% 13% 26% 40% 6% 22% Auditing standards are adequate 30% 34% 4% 4% Companies have the necessary committees for good governance 11% 6% 20% 34% 34% 2% 8% Company reporting is adequate 24% 30% 34% 2% 2% 25% Financial reports are trustworthy 30% 4% 5% Not sure Strongly disagree Tend to disagree Neither agree or disagree 34% 2% Tend to agree Strongly agree 87 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) FIGURE 46. CORPORATE GOVERNANCE IN NEW ZEALAND (CONTINUED) 12% 12% Corporate governance in New Zealand is improving 41% 32% 1% 7% Boards of directors fulfil their responsibilities 3% 25% 28% 34% 5% 1% 30% Financial reports provide users with all the necessary information 29% 33% 1% 3% 4% Compliance with the code of corporate governances is overseen adequately 11% 23% 30% 30% 2% Companies have effective processes to reduce the risk of mismanagement 10% 3% 27% 27% 32% 2% Listed entities report on their compliance with the code of corporate governance adequately 18% 1% 14% 32% 30% 2% 2% 26% Company reporting is trusted 34% 31% 1% 6% 2% 7% Corporate governance in New Zealand is effective 20% 38% 28% 2% Boards of directors are effective in discharging their responsibilities 7% 4% 24% 34% 30% 3% Companies have effective risk management frameworks 10% 1% 24% 34% 29% 2% 2% 32% Information disclosed by companies is adequate 29% 28% 5% 4% 1% 31% Listed companies are transparent 34% 26% 4% 3% Shareholder rights are adequately protected 9% 1% 31% 29% 26% 4% 7% The rights of minority shareholders are adequately protected 1% 40% 32% 15% 6% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 88 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) Overall, in New Zealand there is a relatively low level of disagreement with many of the statements that relate to corporate governance and a high level of respondents who neither agree nor disagree. There are a number of significant differences between the three groups of respondents: • p rofessionals/business owners are less likely to agree that: −− corporate governance improves when government accountability and financial transparency improves −− companies face problems because of corruption −− companies comply with laws and regulations −− listed companies are accountable −− listed companies comply with the corporate governance code −− auditing standards are adequate −− company reporting is adequate −− financial reports are trustworthy −− boards of directors fulfil their responsibilities −− financial reports provide users with all the necessary information −− listed entities report on their compliance with the code of corporate governance adequately −− corporate governance in New Zealand is effective −− information disclosed by companies is adequate −− listed companies are transparent • Shareholders are more likely to agree that: −− auditing standards are complied with −− listed companies are accountable −− overall I am optimistic about the future of corporate governance in New Zealand −− listed companies comply with the code of corporate governance −− financial reports are trustworthy −− reports provide users with all the necessary information −− corporate governance in New Zealand is effective • Interestingly, management executives agree significantly more with the statement: “Companies face problems because the boards of directors make bad decisions” Overall, professionals/business owners seem to be significantly less positive about many aspects of corporate governance in New Zealand, while shareholders appear more positive. Figure 47 shows respondents’ views on corporate governance over the past two years. More respondents are likely to think that corporate governance remained the same (49 per cent) and only 16 per cent thought it improved. Overall, 15 per cent of respondents think that corporate governance worsened and 20 per cent do not know or are not sure. There were no significant differences between the surveyed groups, however professionals/ business owners are less likely to think that corporate governance improved. 89 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) FIGURE 47. P ERCEPTION OF HOW CORPORATE GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 17% Improved 53% 16% Remained the same Don’t know / not sure 14% Worsened Professionals / Business Owners 23% Don’t know / not sure 14% 54% Worsened Remained the same 9% Improved Management Executives 24% Improved 38% 20% Remained the same Don’t know / not sure 18% Worsened Significantly higher than average Significantly lower than average The future of corporate governance in New Zealand appears more positive than the recent past (Figure 48). Overall, 28 per cent of all respondents expect corporate governance to improve, 46 per cent expect it to remain the same, and 10 per cent expect deterioration. In addition, 16 per cent of respondents are not sure or do not know how corporate governance will change in the future. Professionals/business owners are significantly less likely to think that corporate governance will improve. 90 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) FIGURE 48. PERCEPTION OF HOW CORPORATE GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 33% Improve 12% 45% Worsen Remain the same 10% Don’t know / not sure Professionals / Business Owners 20% Don’t know / not sure 55% 18% Remain the same Improve 7% Worsen Management Executives 34% Improve 36% 20% Remain the same Don’t know / not sure 10% Worsen Significantly higher than average Significantly lower than average 91 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: NEW ZEALAND (CONTINUED) In response to the open question “What would you say is the most urgent issue that needs to be addressed in relation to corporate governance in New Zealand?” a number of themes emerged. The top eight are listed below and represent 39 per cent of all responses. Overall, none of those surveyed said they do not know or did not respond. The most frequently cited issues include: RESPONDENTS’ COMMENTS • b oards of directors or shareholders are not made accountable (6 per cent) “ENSURING THAT GOOD CORPORATE GOVERNANCE DOES NOT RESULT IN DIRECTORS HIDING BEHIND GOOD GOVERNANCE COMPLIANCE WHEN COMPANY PERFORMANCE IS INADEQUATE” • a lack of transparency (such as company management and government operation) (6 per cent) • a lack of accountability (unspecified) (5 per cent) • insufficient legislation, unstable regulatory framework on corporate governance and many loopholes (5 per cent) • b oards of directors are not effective in discharging their responsibilities or incompetent (5 per cent) • f raud is a big issue for business and dishonesty (4 per cent) • C ompanies face problems because of corruption (such as insider trading or breach of confidence) (4 per cent) • lack of transparency or reliability in the financial report (4 per cent) Overall, more respondents are optimistic about improvements of corporate governance in the future than those who think that it has improved in the past two years. Professionals/ business owners are a lot less positive about their assessment of corporate governance in New Zealand at present as indicated by their responses to the corporate governance statements, as well as their expectations of improvements in the future. “MAKING DIRECTORS FULLY ACCOUNTABLE” “E XISTING LAWS NEED TO BE ENFORCED AND PENALTIES SUBSTANTIALLY INCREASED” 92 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE MARKET GOVERNANCE In Singapore, results are generally positive in relation to market governance (Figure 49). There is a very high level of agreement that good governance enables economic growth. It is also widely believed that the laws in Singapore are appropriate, and that they are to be trusted, enforced and obeyed. Most respondents (77 per cent) tend to agree or strongly agree that the government is serious about tackling corruption, however 72 per cent think that corruption in business is a serious problem. FIGURE 49. HIGHER AGREEMENT IN MARKET GOVERNANCE ISSUES Good governance enables economic growth 11% 41% 46% 3% I trust the laws of Singapore 18% 49% 29% 18% 52% 26% 1% 1% 3% There are appropriate laws and regulations to ensure good governance I think the government is serious about tackling corruption 1% 1% 3% 4% 16% 41% 36% 2% 1% 6% Most people obey the laws 17% 1% There is appropriate enforcement of laws and 4% regulations for good governance 1% 1% There are appropriate 5% institutions to enable good governance 1% 1% I think corruption in business is a serious problem 51% 20% 51% 20% 8% 26% 24% 56% 18% 18% 31% 41% 1% 3% The government is accountable 8% 21% 39% 30% 1% 1% I am confident that laws are enforced fairly 6% 26% 46% 20% 1% 1% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 93 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) There are only two significant differences between perceptions of the three groups of respondents in Singapore (Table 10), indicating little variability between perceptions. Professionals/business owners are significantly more likely to think that there are appropriate laws and regulations to ensure good governance, while shareholders are much less likely to agree that there are appropriate institutions to enable good governance. TABLE 10. HIGHER AGREEMENT BY GROUP OF RESPONDENTS Shareholders Professional / Business Owners Management Executives TOTAL Shareholders Professional / Business Owners Management Executives TEND TO DISAGREE & STRONGLY DISAGREE TOTAL TEND TO AGREE & STRONGLY AGREE Good governance enables economic growth 87% 92% 88% 81% 3% 4% 2% 2% I trust the laws of Singapore 78% 71% 85% 79% 4% 2% 4% 5% There are appropriate laws and regulations to ensure good governance 78% 69% 88% 75% 4% 4% 0% 7% I think the government is serious about tackling corruption 77% 78% 69% 82% 5% 8% 6% 2% Most people obey the laws 76% 76% 83% 70% 7% 8% 4% 9% There is appropriate enforcement of laws and regulations for good governance 75% 71% 75% 79% 4% 6% 2% 5% There are appropriate institutions to enable good governance 74% 63% 81% 77% 6% 8% 6% 4% I think corruption in business is a serious problem 71% 75% 73% 67% 11% 12% 12% 9% The government is accountable 69% 65% 71% 72% 9% 12% 12% 5% I am confident that laws are enforced fairly 66% 69% 67% 61% 7% 10% 6% 5% Significantly higher than average Significantly lower than average 94 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) In addition, 39 per cent tend to agree or strongly agree that there is no political interference in the judiciary and 26 per cent that there is none in business. A high percentage of respondents neither agreed nor disagreed with these statements, indicating a certain degree of uncertainty. The issues respondents from Singapore showed less agreement with are listed in Figure 50. Political interference is something that respondents identify as an issue in Singapore, with with 59 per cent tending to agree or strongly agreeing that there must be less political interference in the judiciary. FIGURE 50. LOWER AGREEMENT IN MARKET GOVERNANCE ISSUES I think corruption in the government is a serious problem 6% 16% 17% 19% 41% 1% There must be less political interference in the judiciary 8% 29% 36% 23% 3% 3% Economic development only benefits the wealthy people 15% 23% 34% 24% 1% 3% There is a problem with corruption in business 16% 22% 38% 20% 1% 3% The government is transparent 4% 17% 29% 21% 28% 41% 9% 1% Ordinary people’s lives are improving 5% 37% 9% 1% There is a problem with corruption in the government 8% 21% 4% 4% 24% 30% 26% 13% 3% I think there is no political interference in the judiciary I think there is no political interference in business 6% 31% 36% 22% 38% 10% 21% 5% 1% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 95 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) There are a few significant differences in the perceptions reported in Table 11 below between shareholders, professionals/business owners and management executives. Professionals/ business owners are significantly more likely to think that there must be less political interference in the judiciary and that there is a problem with corruption in business. TABLE 11. LOWER AGREEMENT BY GROUP OF RESPONDENTS Shareholders Professional / Business Owners Management Executives TOTAL Shareholders Professional / Business Owners Management Executives TEND TO DISAGREE & STRONGLY DISAGREE TOTAL TEND TO AGREE & STRONGLY AGREE I think corruption in the government is a serious problem 60% 61% 60% 60% 23% 24% 21% 23% There must be less political interference in the judiciary 59% 53% 71% 53% 10% 14% 15% 2% Economic development only benefits the wealthy people 59% 61% 63% 53% 18% 8% 23% 21% There is a problem with corruption in business 58% 55% 69% 51% 19% 22% 15% 19% The government is transparent 49% 41% 52% 54% 21% 22% 21% 19% Ordinary people's lives are improving 46% 43% 50% 46% 26% 29% 21% 26% There is a problem with corruption in the government 39% 33% 44% 39% 29% 25% 29% 32% I think there is no political interference in the judiciary 32% 24% 38% 33% 28% 37% 31% 18% I think there is no political interference in business 26% 24% 27% 26% 36% 41% 40% 28% Significantly higher than average Significantly lower than average Market governance over the past two years is widely perceived to have remained the same (48 per cent of all respondents), as shown in Figure 51. About a quarter of all respondents think that market governance has improved, and 18 per cent believe that it worsened. In addition, 11 per cent of respondents did not know or are not sure how it has changed. There are no significant differences between the three groups of respondents, however more shareholders thought market governance worsened. 96 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) FIGURE 51. PERCEPTION OF HOW MARKET GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 25% Worsened 22% 49% Improved Remained the same 4% Don’t know / not sure Professionals / Business Owners 27% Improved 17% 40% Worsened Remained the same 15% Don’t know / not sure Management Executives 23% Improved 53% 12% Remained the same Worsened 12% Don’t know / not sure Significantly higher than average Significantly lower than average While the assessment of market governance in Singapore in the recent past is that it mostly remained the same, respondents are a lot more optimistic about the future with 47 per cent thinking that it will improve and 34 per cent that it will remain the same (Figure 52). Only 10 per cent of respondents think that market governance will worsen while 9 per cent are not sure or do not know. Shareholders are significantly more likely to think that market governance will worsen than professional/business owners and management executives. 97 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) FIGURE 52. P ERCEPTION OF HOW MARKET GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 27% Remain the same 18% 45% Improve Worsen 10% Don’t know / not sure Professionals / Business Owners 37% Remain the same 48% 8% Improve Don’t know / not sure 8% Worsen Management Executives 39% Remain the same 47% Improve 9% Don’t know / not sure 5% Worsen Significantly higher than average Significantly lower than average 98 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) In response to the open question: “What would you say is the most urgent issue that needs to be addressed in relation to market governance in Singapore?” the responses were rather dispersed. The top nine themes listed below represent 44 per cent of responses: • c ost of living is too high, inflation and the high price of source materials (8 per cent) • c orruption of civil servants, councils, state government and bureaucracy, and government not listening to the general public (8 per cent) RESPONDENTS’ COMMENTS “RISING COST OF LIVING (HOUSING, TRANSPORT) BUT INCOME LEVEL IS NOT RISING AS FAST. THERE IS STILL A LARGE GROUP OF PEOPLE STRUGGLING TO MAKE ENDS MEET” • lack of transparency (6 per cent) • corruption of corporates (5 per cent) • h ousing issues (price or rent too high or lack of state houses) (4 per cent) • wealth disparity and poverty (4 per cent) • e xploitation of low wage workers and unfair minimum wages (4 per cent) • t he rule of law, judicial justice, too many loopholes in the legislations, and inappropriate law enforcement (3 per cent) • g rowing population and aging population (3 per cent) Overall, respondents from Singapore are very positive in relation to the rule of law and the government’s efforts to tackle corruption, which they believe to be a serious problem in business and government. As is the case in other jurisdictions, they are more likely to think that the government is accountable but less likely to think that it is transparent. More respondents think that market governance will improve in the future than think that it has improved in the last two years. Very few respondents expect market governance to deteriorate in the future. ““LAWS AND LEGISLATION SHOULD APPLY EQUALLY TO ALL” “MORE TRANSPARENCY AND TO HAVE A STANDARD WAY OF ISSUING ANNUAL REPORTS IN CLEAR SIMPLE LAYMEN TERMS. THIS WOULD THEN ALLOW SHAREHOLDERS (BIG OR SMALL) TO HAVE A DEEPER UNDERSTANDING OF WHAT GOES ON IN THE COMPANY” 99 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) CORPORATE GOVERNANCE Figure 53 provides the responses from Singapore to the corporate governance statements of the questionnaire. The chart lists the areas in order of most agreement – representing tend to agree and strongly agree responses. Respondents identify fraud as a problem for business, while the majority also agree that companies are accountable, comply with laws and regulations and the vast majority behave ethically. In Singapore, 73 per cent of respondents tend to agree or strongly agree that fraud is a problem for business while 53 per cent agree that corporate governance is effective. Interestingly, 61 per cent of respondents tend to agree or strongly agree that companies face problems because the boards of directors make bad decisions, while 45 per cent tend to agree or strongly agree that boards of directors are effective in discharging their responsibilities. In relation to reporting, 55 per cent of respondents tend to agree or strongly agree that financial reports provide users with all the necessary information, 51 per cent that company reporting is adequate, 45 per cent that company reporting is trusted and 43 per cent that financial reports are trustworthy. Most respondents (56 per cent) tend to agree or strongly agree that auditing standards are complied with, 52 per cent feel that auditing standards are adequate and 53 per cent believe that external auditors are independent. In relation to compliance with the governance code, 62 per cent tend to agree or strongly agree that listed companies comply with the corporate governance code, 58 per cent think that companies report on compliance with the code, and 56 per cent tend to agree or strongly agree that compliance with the code is overseen adequately. 100 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) FIGURE 53. CORPORATE GOVERNANCE IN SINGAPORE 8% Fraud is a problem for business 18% 39% 34% 1% 32% Fraud is a big issue for business 33% 3% Corporate governance improves when government accountability and financial transparency improves 26% 48% 17% 3% 1% 6% 29% Listed companies are accountable 54% 9% 1% 2% 5% 11% Companies comply with laws and regulations 24% 58% 1% 1% 4% 26% The vast majority of companies behave ethically 7% 55% 3% 3% 6% Overall I am optimistic about the future of corporate governance in Singapore 8% 26% 53% 9% 1% 3% 30% Listed companies comply with the Code of Corporate Governance 55% 7% 1% 2% 6% Companies face problems because the boards of directors make bad decisions 8% 28% 48% 13% 1% 1% 8% There are appropriate institutions to enable good governance 28% 9% 52% 1% 3% 13% Companies face problems because of corruption 26% 43% 16% 1% 1% 31% Companies report on compliance with the Code of Corporate Governance 53% 5% 3% 2% 6% 9% The responsibilities of company directors are clearly defined 31% 9% 31% 51%51% 2% 2% Compliance with the Code of Corporate Governance is overseen adequately 10% 31% 51% 31% 48% 5% 1% 2% 9% Auditing standards are complied with 5% 5% 8% 2% 2% 36% Corporate governance in Singapore is improving 49% 3% 2% 6% 13% Financial reports provide users with all the necessary information 5% 28% 49% 1% 4% Corporate governance in Singapore is effective 11% 6% 34% 1% 2% Not sure Strongly disagree Tend to disagree Neither agree or disagree 45% 8% Tend to agree Strongly agree 101 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) FIGURE 53. CORPORATE GOVERNANCE IN SINGAPORE (CONTINUED) 8% I think external auditors are independent 34% 44% 9% 3% 2% Listed entities report on their compliance with the Code of Corporate Governance adequately 8% 36% 5% 13% Auditing standards are adequate 48% 3% 1% 33% 44% 8% 1% 1% Companies have the necessary committees for good governance 10% 34% 46% 4% 1% 5% 12% Company reporting is adequate 33% 43% 8% 3% 2% 11% Boards of directors fulfil their responsibilities 35% 42% 4% 3% 6% 9% Companies have effective risk management frameworks 41% 41% 6% 3% 2% 13% Shareholder rights are adequately protected 36% 39% 7% 2% 3% 13% Boards of directors are effective in discharging their responsibilities 37% 39% 4% 2% 6% 9% Company reporting is trusted 43% 39% 1% 3% 6% 11% Information disclosed by companies is adequate 38% 39% 2% 5% 6% 19% Financial reports are trustworthy 31% 39% 3% 4% 4% 13% Companies have effective processes to reduce the risk of mismanagement 41% 36% 3% 3% 5% 18% Listed companies are transparent 40% 18% 1% 2% 4% 21% The rights of minority shareholders are adequately protected 40% 2% 4% Not sure Strongly disagree Tend to disagree Neither agree or disagree 28% 6% Tend to agree Strongly agree 102 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) Overall, in Singapore there is a relatively low level of disagreement with many of the statements that relate to corporate governance and a high level of indifference, where respondents neither agree nor disagree. Aside from this, perceptions appear generally positive, with little disagreement with many positive statements about corporate governance. There are a number of significant differences between the three groups of respondents, which include: • p rofessionals/business owners are more likely to agree with the statements: −− listed companies are accountable −− overall I am optimistic about the future of corporate governance in Singapore −− the responsibilities of company directors are clearly defined −− compliance with the code of corporate governance is overseen adequately −− companies have the necessary committees for good governance −− boards of directors fulfil their responsibilities −− companies have effective risk management frameworks • S hareholders are significantly more likely to agree and management executives much less likely to agree that companies face problems because of corruption • S hareholders are significantly less likely and management executives much more likely to agree that the rights of minority shareholders are adequately protected • S hareholders are significantly less likely to agree that boards of directors are effective in discharging their responsibilities and that financial reports are trustworthy Overall, professionals/business owners seem to be significantly more positive about many aspects of corporate governance in Singapore, while shareholders appear less positive in relation to some of its aspects. Figure 54 shows respondents views on corporate governance over the past two years. More respondents are likely to think that corporate governance remained the same (58 per cent), while 24 per cent believe it improved. Overall, 12 per cent of respondents think that corporate governance worsened and 7 per cent do not know or are not sure. There are no significant differences between the different groups, however more shareholders thought that corporate governance worsened. 103 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) FIGURE 54. P ERCEPTION OF HOW CORPORATE GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 18% Improved 63% 16% Remained the same Worsened 4% Don’t know / not sure Professionals / Business Owners 25% Improved 12% 58% Worsened Remained the same 6% Don’t know / not sure Management Executives 28% Improved 53% 11% Remained the same Don’t know / not sure 9% Worsened Significantly higher than average Significantly lower than average The future of corporate governance in Singapore appears a lot more positive than its assessment of the recent past (Figure 55). Overall, 44 per cent of all respondents expect corporate governance to improve, 40 per cent expect it to remain the same, and 8 per cent expect a deterioration, are not sure or do not know how corporate governance will change in the future. Shareholders are significantly more likely to think that corporate governance will remain the same. 104 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) FIGURE 55. P ERCEPTION OF HOW CORPORATE GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 35% Improve 53% Remain the same 6% Worsen 6% Don’t know / not sure Professionals / Business Owners 31% Remain the same 48% 13% Improve Worsen 8% Don’t know / not sure Management Executives 37% Remain the same 49% 9% Improve Don’t know / not sure 5% Worsen Significantly higher than average Significantly lower than average 105 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: SINGAPORE (CONTINUED) In response to the open question of “What would you say is the most urgent issue that needs to be addressed in relation to corporate governance in Singapore?” a number of themes emerged. The top 10 themes listed below represent 31 per cent of all responses. Overall, 2 per cent said they do not know or nothing. The most frequently cited issues include: • c ompanies face problems because of corruption (such as insider trading and breach of confidence) (6 per cent) • a lack of transparency (such as company management and government operation) (5 per cent) • t ighter control and good governance (unspecified) (5 per cent) • f raud is a big issue for business and dishonesty (4 per cent) • insufficient legislation, unstable regulatory framework on corporate governance and many loopholes (2 per cent) • t he rights of minority shareholders are not adequately protected (2 per cent) • p oor human resource management and lack of skilful labour force (2 per cent) • c ompanies do not behave ethically and lack of social responsibilities (2 per cent) • b ad political environment (such as corruption, bureaucracy and biased policies) (2 per cent) • a lack of accountability (unspecified) (2 per cent) Overall, more respondents are optimistic about improvements of corporate governance in the future than those who think that it has improved in the past two years. Professionals/business owners are more positive about their assessment of corporate governance in Singapore at present as indicated by their responses to the corporate governance statements. RESPONDENTS’ COMMENTS “TIGHTER GOVERNMENT CONTROL OVER ERRANT LISTED COMPANIES THAT MANIPULATE THE MARKET AND REPORTS” “CLOSER ATTENTION BY GOVERNMENT REGULATORS; MORE STRINGENT STANDARDS FOR COMPLIANCE” “FRAUD WITH S-CHIP COMPANIES” 106 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM MARKET GOVERNANCE Despite the fact that corruption is identified as an issue in Vietnam, the majority (62 per cent) tend to agree or strongly agree that the lives of ordinary people are improving. In Vietnam, it is widely believed that corruption in both business and government is a problem. However, there is also a high level of agreement that there are appropriate institutions, laws and regulations to enable good governance. While the majority of respondents agree that corruption is a big issue (Figure 56), there is also a strong view that there are appropriate institutions and law enforcement for good governance. FIGURE 56. HIGHER AGREEMENT IN MARKET GOVERNANCE ISSUES Good governance enables economic growth 3% I think corruption in the government is a serious problem 3% I think corruption in business is a serious problem 4% There is a problem with corruption in the government 6% 4% 17% 3% 6% 6% 7% 12% 4% 4% 4% 7% There are appropriate laws and regulations to ensure good governance 67% 13% 60% 23% 17% 12% 4% 14% 47% 34% 34% 15% 31% 37% 15% 32% 35% 19% 29% 36% 1% There is a problem with corruption in business 4% 4% I think there is no political interference in the judiciary There are appropriate institutions to enable good governance There is appropriate enforcement of laws and regulations for good governance 8% 12% 2% 2% 12% 21% 30% 33% 28% 35% 3% 1% 5% 13% 17% 3% Ordinary people’s lives are improving 8% 13% 15% 36% 26% 3% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 107 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) There are only two significant differences between perceptions of the three groups of respondents in Vietnam (Table 12), indicating little variability between groups. Professionals/business owners are significantly more likely to agree that good governance enables economic growth, while shareholders are much less likely to agree that there are appropriate institutions to enable good governance. TABLE 12. HIGHER AGREEMENT BY GROUP OF RESPONDENTS Shareholders Professional / Business Owners Management Executives TOTAL Shareholders Professional / Business Owners Management Executives TEND TO DISAGREE & STRONGLY DISAGREE TOTAL TEND TO AGREE & STRONGLY AGREE Good governance enables economic growth 84% 79% 92% 81% 7% 12% 4% 6% I think corruption in the government is a serious problem 74% 73% 77% 73% 12% 17% 6% 12% I think corruption in business is a serious problem 71% 65% 79% 67% 12% 12% 10% 13% There is a problem with corruption in the government 68% 58% 71% 75% 11% 12% 10% 12% There are appropriate laws and regulations to ensure good governance 67% 60% 73% 69% 17% 21% 10% 19% There is a problem with corruption in business 67% 65% 73% 63% 13% 10% 10% 19% I think there is no political interference in the judiciary 65% 56% 75% 65% 13% 17% 10% 13% There are appropriate institutions to enable good governance 63% 48% 71% 71% 13% 13% 15% 12% There is appropriate enforcement of laws and regulations for good governance 62% 54% 69% 63% 18% 25% 10% 19% Ordinary people's lives are improving 62% 60% 71% 54% 21% 21% 19% 23% Significantly higher than average Significantly lower than average 108 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) The majority of respondents tend to agree or strongly agree that most people obey the laws, which they trust, but fewer people have confidence that the laws are enforced fairly The issues respondents from Vietnam showed less agreement with are listed in Figure 57. There is a high degree of polarisation with regards to many aspects, including whether or not economic development only benefits wealthy people, if the government is serious about tackling corruption and whether the government is transparent. FIGURE 57. LOWER AGREEMENT IN MARKET GOVERNANCE ISSUES There must be less political interference in the judiciary 4% 4% 10% 5% 11% The government is accountable 23% 36% 23% 22% 24% 34% 3% Most people obey the laws I trust the laws of Vietnam 6% 4% 4% I am confident that laws are enforced fairly 7% Economic development only benefits the wealthy people 6% The government is transparent I think the government is serious about tackling corruption I think there is no political interference in business Not sure 6% Strongly disagree 7% 8% 6% 15% 14% 8% 15% 24% 15% 22% 19% 21% 22% Tend to disagree 30% 26% 26% 18% 28% 23% 20% 7% 27% 25% 31% 22% 24% Neither agree or disagree 18% 19% 22% 15% 18% 19% 21% Tend to agree 9% 12% 8% Strongly agree 109 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) more likely to trust the laws of Vietnam, while shareholders are more likely to disagree with the statements: “There must be less political interference in the judiciary” and “I am confident that laws are enforced fairly.” There are only three significant differences in the perceptions reported in Figure 57 between shareholders, professionals/business owners and management executives (see Table 13). Professionals/business owners are significantly TABLE 13. LOWER AGREEMENT BY GROUP OF RESPONDENTS Shareholders Professional / Business Owners Management Executives TOTAL Shareholders Professional / Business Owners Management Executives TEND TO DISAGREE & STRONGLY DISAGREE TOTAL TEND TO AGREE & STRONGLY AGREE There must be less political interference in the judiciary 58% 52% 58% 65% 14% 23% 10% 10% The government is accountable 58% 50% 65% 58% 14% 12% 17% 13% Most people obey the laws 54% 52% 60% 52% 24% 25% 25% 21% I trust the laws of Vietnam 53% 46% 65% 48% 19% 21% 15% 19% I am confident that laws are enforced fairly 44% 37% 52% 42% 28% 38% 19% 25% Economic development only benefits the wealthy people 34% 44% 27% 31% 41% 37% 46% 40% The government is transparent 34% 33% 44% 25% 28% 35% 21% 29% I think the government is serious about tackling corruption 29% 25% 35% 29% 40% 37% 42% 42% I think there is no political interference in business 29% 37% 27% 23% 46% 50% 40% 48% Significantly higher than average Significantly lower than average Figure 58 shows the perceptions about market governance over the past two years. More respondents think it has remained the same (44 per cent), 35 per cent think that it has improved, and 20 per cent believe that it worsened. Only 1 per cent of respondents didn’t know or were not sure how it has changed. There are no significant differences between the three groups of respondents. 110 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) FIGURE 58. P ERCEPTION OF HOW MARKET GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 33% Improved 29% Worsened 37% Remained the same 2% Don’t know / not sure Professionals / Business Owners 37% Improved 44% 17% Remained the same Worsened 2% Don’t know / not sure Management Executives 35% Improved 0% Don’t know / not sure 52% Remained the same 13% Worsened Significantly higher than average Significantly lower than average While 35 per cent of all respondents think that market governance improved in Vietnam in the past two years, 61 per cent think it will improve in the future (Figure 59). There appears to be great optimism for the future, as only 6 per cent of respondents expect market governance to worsen and 6 per cent do not know or are not sure. Shareholders are significantly less likely to think that market governance will improve than professional/business owners and management executives. 111 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) FIGURE 59. P ERCEPTION OF HOW MARKET GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 37% Remain the same 50% Improve 8% Don’t know / not sure 6% Worsen Professionals / Business Owners 21% Remain the same 67% Improve 8% Worsen 4% Don’t know / not sure Management Executives 23% Remain the same 65% Improve 6% Worsen 6% Don’t know / not sure Significantly higher than average Significantly lower than average 112 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) In response to the open question: “What would you say is the most urgent issue that needs to be addressed in relation to market governance in Vietnam?” the responses are fairly concentrated. The top eight themes listed below represent 90 per cent of responses: • corruption (unspecific) (21 per cent) • lack of consumer protection, the market is full of low quality fabricated products, and food safety (16 per cent) • a n inappropriate management system, better market supervision and governance, and deepen reform (15 per cent) • c orruption of civil servants, councils, state government and bureaucracy, and government not listening to the general public (11 per cent) • t he rule of law, judicial justice, too many loopholes in the legislations and inappropriate law enforcement (8 per cent) • lack of transparency (7 per cent) • c ost of living is too high, inflation and the high price of source materials (6 per cent) • m onopolies and unfair trading, protection for small traders, protection for minority shareholders and ensure fair competition and free market (6 per cent) Overall, respondents from Vietnam are positive in relation to regulations and laws and their appropriateness for good governance, but they also think corruption and political interference is an issue. However, there is optimism for the future with most of those surveyed expecting things to improve. RESPONDENTS’ COMMENTS “CORRUPTION IS A BIG PROBLEM THAT NEEDS TO BE RESOLVED THOROUGHLY” “CONTRABAND, PRODUCTS FROM UNCLEAR ORIGINS” “ THE THING I AM MOST CONCERNED WITH IS FOOD SAFETY, THIS HAS ALSO RECEIVED A LOT OF PUBLIC ATTENTION. ALL CONCERNED NEED TO COLLABORATE TO RESOLVE THIS ISSUE FOR THE NATIONAL SAFETY” 113 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) CORPORATE GOVERNANCE Figure 60 provides the responses from Vietnam to the corporate governance statements of the questionnaire. The statements are presented in order of most agreement – representing tend to agree and strongly agree responses. Respondents identify fraud as a problem for business, while the majority also agree that companies face problems because of corruption. In Vietnam, 78 per cent of respondents tend to agree or strongly agree that fraud is a problem for business, while 65 per cent tend to agree or strongly agree that companies face problems because of corruption. The majority also agrees that there are appropriate institutions for good governance, and companies have the necessary committees for good governance. In relation to reporting, 48 per cent of respondents tend to agree or strongly agree that financial reports provide users with all the necessary information, 47 per cent think that company reporting is adequate, 45 per cent believe that company reporting is trusted and 63 per cent feel that financial reports are trustworthy. The majority of respondents (59 per cent) tend to agree or strongly agree that auditing standards are complied with, 59 per cent believe that auditing standards are adequate and 58 per cent feel that external auditors are independent. In relation to compliance with the governance code, 51 per cent tend to agree or strongly agree that listed companies comply with the corporate governance code, 53 per cent believe that companies report on compliance with the code, but 50 per cent agree or strongly agree that compliance with the code is overseen adequately. 114 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) FIGURE 60. CORPORATE GOVERNANCE IN VIETNAM 10% Fraud is a problem for business 26% 52% 3% 4% 5% 12% Fraud is a big issue for business 24% 51% 3% 4% 6% Corporate governance improves when government accountability and financial transparency improves 10% 17% 25% 44% 2% 1% 8% Companies face problems because of corruption 17% 32% 33% 4% 5% 11% There are appropriate institutions to enable good governance 20% 34% 31% 3% 1% 18% 4% 10% 3% 4% 3% The responsibilities of company directors are clearly defined 13% Corporate governance in Vietnam is improving 10% 30%18% 19% 37% 35% 35% 30% 28% 4% 1% 9% Companies have the necessary committees for good governance 25% 37% 23% 4% 2% 15% Auditing standards are complied with 21% 33% 26% 21% 31% 28% 4% 1% 12% Auditing standards are adequate 4% 4% 16% I think external auditors are independent 17% 35% 23% 5% 3% 12% Companies have effective processes to reduce the risk of mismanagement 22% 36% 21% 6% 3% Companies comply with laws and regulations 22% 17% 16% 21% 31% 25% 3% 2% 7% Listed companies are accountable 31% 23% 2% 16% Boards of directors are effective in discharging their responsibilities 22% 36% 18% 6% 3% Companies face problems because the boards of directors make bad decisions 12% 24% 28% 25% 6% 6% Companies report on compliance with the Code of Corporate Governance 15% 27% 34% 19% 3% 2% 19% The vast majority of companies behave ethically 18% 28% 24% 6% 6% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 115 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) FIGURE 60. CORPORATE GOVERNANCE IN VIETNAM (CONTINUED) 19% Listed companies comply with the Code of Corporate Governance 24% 30% 21% 28% 29% 21% 4% 2% 15% Compliance with the Code of Corporate Governance is overseen adequately 5% 3% 19% 22% 26% 24% 16% 24% 27% 22% 22% 23% 26% 22% 18% 24% 29% 20% 23% 31% 17% Boards of directors fulfil their responsibilities 6% 3% Overall I am optimistic about the future of corporate governance in Vietnam 8% 3% Financial reports provide users with all the necessary information 4% 2% Listed entities report on their compliance with the Code of Corporate Governance adequately 7% Listed companies are transparent 8% 3% 17% 3% 19% 21% 31% 16% 20% 24% 26% 20% 19% 24% 9% Company reporting is adequate 3% Shareholder rights are adequately protected 8% 2% Companies have effective risk management frameworks 7% 29% 16% 5% 10% Company reporting is trusted 22% 21% 28% 17% 4% Corporate governance in Vietnam is effective 8% 28% 23% 27% 11% 3% 12% 8% Financial reports are trustworthy The rights of minority shareholders are adequately protected 12% 28% 17% 23% 25% 20% 30% 24% 17% 12% 17% 5% Information disclosed by companies is adequate 11% 21% 12% 6% Not sure Strongly disagree Tend to disagree Neither agree or disagree Tend to agree Strongly agree 116 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) Overall, in Vietnam there is a relatively low level of disagreement with many of the statements that relate to corporate governance. The significant differences between the three groups of respondents are listed below. • P rofessionals/business owners are more likely to agree that: −− companies have effective processes to reduce the risk of mismanagement −− companies face problems because of corruption −− auditing standards are complied with −− auditing standards are adequate −− the responsibilities of company directors are clearly defined • Shareholders are significantly less likely to agree that the responsibilities of company directors are clearly defined and that information disclosed by companies is adequate • M anagement executives are significantly less likely to agree that fraud is a big issue for business and companies face problems because of corruption, but significantly more likely to be optimistic about the future of corporate governance in Vietnam, to agree that financial reports are trustworthy and information disclosed by companies is adequate Figure 61 shows respondents’ views on corporate governance over the past two years. More respondents are likely to think that corporate governance improved (47 per cent) than remained the same (41 per cent). Overall, 12 per cent of respondents think that corporate governance worsened and none of those surveyed replied that they don’t know or are not sure. The only significant difference between the different groups is that more shareholders thought that corporate governance worsened. 117 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) FIGURE 61. P ERCEPTION OF HOW CORPORATE GOVERNANCE HAS CHANGED OVER THE PAST TWO YEARS Shareholders 33% Remained the same 0% 46% Don’t know / not sure Improved 21% Worsened Professionals / Business Owners 44% Remained the same 0% 50% Don’t know / not sure Improved 6% Worsened Management Executives 46% Remained the same 46% 0% Improved Don’t know / not sure 8% Worsened Significantly higher than average Significantly lower than average The future of corporate governance in Vietnam appears very optimistic (Figure 62). Overall, 71 per cent of all respondents expect corporate governance to improve, 23 per cent anticipate it will remain the same, and 3 per cent expect deterioration. In addition, 3 per cent of respondents are not sure or do not know how corporate governance will change in the future. There are no significant differences between the three groups of respondents. 118 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) FIGURE 62. PERCEPTION OF HOW CORPORATE GOVERNANCE WILL CHANGE IN THE FUTURE Shareholders 31% Remain the same 67% Improve 2% Worsen Professionals / Business Owners 23% Remain the same 67% Improve 6% Don’t know / not sure 4% Worsen Management Executives 15% Remain the same 77% Improve 4% Don’t know / not sure 4% Worsen Significantly higher than average Significantly lower than average 119 | CPA AUSTRALIA ASIA-PACIFIC GOVERNANCE SURVEY MARKET RESULTS: VIETNAM (CONTINUED) In response to the open question “What would you say is the most urgent issue that needs to be addressed in relation to corporate governance in Vietnam?” a number of themes emerged. The top eight themes listed below represent 60 per cent of all responses. Overall, 2 per cent said they do not know. The most frequently cited issues include: • c ompanies face problems because of corruption (such as insider trading and breach of confidence) (10 per cent) • c ompanies face problems because of mismanagement (10 per cent) • b oards of directors are not effective in discharging their responsibilities are incompetent (9 per cent) • a lack of accountability (unspecified) (8 per cent) RESPONDENTS’ COMMENTS “ FRAUDULENCE IN BUSINESS IS THE MOST URGENT ISSUE IN VIETNAM. MORE TRANSPARENT AND EFFECTIVE LAW” “THE BOARD OF DIRECTORS AND MANAGING BOARD NEED TO BE MORE RESPONSIBLE FOR THEIR DECISIONS. NEED TO GIVE MORE TRANSPARENT INFORMATION” • f raud is a big issue for business and dishonesty (7 per cent) • p oor human resource management and lack of skilful labour force (6 per cent) • insufficient legislation, unstable regulatory framework on corporate governance, and many loopholes (5 per cent) • a lack of transparency such as company management and government operation) (4 per cent) Overall, there is a lot of optimism about corporate governance in Vietnam, more so than market governance. The majority of respondents consider corruption to be an important issue in government and business, but they also agree that appropriate institutions and laws and regulations exist to enable good governance. “CORRUPTION AND BRIBERY. POOR GOVERNANCE, LEADERS OFTEN MAKE WRONG DECISIONS”
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