China says falling US dollar is a concern

12 December 2007 1700 hrs

XIANGHE, China: China said Wednesday that a weakening US dollar was a bigger global economic concern than the value of its own currency, as it rejected calls for the yuan to be allowed to rise very quickly.

Chen Deming, vice minister of commerce but slated soon to rise to head the ministry, argued that “excessively fast appreciation” of the Chinese currency, called the yuan or the RMB, would be in no one’s interest.

“In my capacity of vice minister of commerce, (the Chinese currency) is not the key issue. Currently my focus is more on the depreciation of the US dollar and its possible impact and repercussions for the world economy,” he said.

“I sincerely wish to see a scenario where the US economy is getting stronger and the US dollar is getting stronger.”

Chen was speaking at a briefing on the sidelines of the third Sino-US Strategic Economic Dialogue, a two-day event bringing together Cabinet-level officials from both sides at a venue an hour’s drive from Beijing.

A continued weakening of the US dollar has negative consequences such as a rise in the price of oil and the erosion in the wealth of countries that hold their assets in the US unit, Chen said.

US Treasury Secretary Henry Paulson said at the dialogue earlier Wednesday a more flexible Chinese currency would also benefit China, making it easier for the government to handle some of its own domestic economic issues.

Chen said China was not opposed to the yuan appreciating but warned that a too rapid rise would cause trouble in global markets.

“If we were to see excessively fast appreciation of the RMB, then it would create repercussions to the global economy and global financial markets. I don’t think it would do anyone any good,” he said.

“Remarks by some people around the world, including in the United States, that they favour appreciation that is as fast as possible, are not responsible.”

US critics have argued the yuan is kept at an artificially low level, making Chinese products cheaper abroad and giving Chinese exporters an unfair advantage.

Singapore to invest almost US$10b in Swiss bank UBS

I wonder whether GIC has thought about the full extent of the upcoming financial meltdown. UBS must have approached GIC because no one in the U.S. was prepared to be the single largest shareholder of UBS, which, according to the rumour mill, is technically bankrupt.

Singapore to invest almost US$10b in Swiss bank UBS

Posted: 10 December 2007 1625 hrs

SINGAPORE : The Singapore government’s investment arm announced Monday that it will inject almost US$10 billion into Swiss bank UBS.

The Government of Singapore Investment Corporation (GIC) said it would inject 11 billion Swiss francs (US$9.74 billion) into UBS, which on Monday announced further writedowns of around US$10 billion (6.8 billion euros) due to the US sub-prime mortgage crisis.

GIC said an undisclosed strategic investor in the Middle East is injecting an additional two billion francs into the bank.

“We made this significant investment in UBS because we have confidence in the long-term growth potential of the bank’s businesses, particularly its global wealth management business,” GIC’s deputy chairman and executive director, Dr Tony Tan Keng Yam, told a news conference.

GIC has committed to subscribe to 11 billion Swiss francs worth of mandatory convertible notes that will pay a coupon of nine percent until conversion into ordinary shares about two years after issuance, UBS said.
Depending on the conversion price, Dr Tan said GIC’s total shareholding “could amount to possibly around nine percent of UBS equity”.
GIC currently has less than 1.1 percent of the bank’s equity, he said.
“Nine percent is a large stake. I think we would be the single largest shareholder in UBS,” Dr Tan added.
GIC executives said the move marked a departure for the firm, whose practice has been to take relatively small public equity stakes for portfolio diversification.
“It is a departure from the norm in the sense that it is a larger than usual stake but we made the decision based on our confidence in the long-term prospects of UBS,” said Ng Kok Song, GIC managing director and group chief investment officer.

He and Dr Tan emphasised that GIC does not seek a say in management and said it would be premature to talk of GIC’s obtaining a seat on the UBS board.
“We’ve got no desire to control the business of the bank but as a large investor, as a large long-term investor, we would like to work with the board of the bank, the chairman and the management to create maximum value for all shareholders,” Ng said.

UBS, Switzerland’s largest bank, in October reported its first quarterly loss in five years after its third-quarter results were hit in the financial crisis caused by the ailing US home loans market.
On Monday the bank said in Zurich that it has revised the assumptions and inputs used to value US sub-prime mortgage related positions, resulting in further writedowns of around US$10 billion.

UBS said it expected to post a fourth-quarter loss and may record a net loss for the full year 2007.

“I don’t think that either UBS or any bank can say with absolute certainty that this is the last of the writedowns,” Tan said.
But he added UBS “have taken a very aggressive writedown” and acted before the market develops problems.
“Our intention is to remain a responsible, supportive investor in UBS, hopefully for the long term,” Tan said.

He added that UBS approached GIC about a possible deal, and then “at their own initiative” contacted the other investors whom he declined to identify.
GIC was established in 1981 to manage Singapore’s foreign reserves and now manages “well above” US$100 billion, making it one of the world’s largest fund management companies, its website says.
“The group strives to achieve good long-term returns on assets under our management, to preserve and enhance Singapore’s reserves,” it adds. – AFP/ch

Charlott Vasberg

I bought a new bag today from Harvey Nichols. The most rock-and-roll tote bag in the universe, this leather shopper from London sensation Charlott Vasberg is also ingeniously designed for busy city-dwellers. Features unusual handle details and zip pockets aplenty, including an open-and-shut bottom compartment for your much-needed backup pair of slippers.

Sim Kee Boon

ST Nov 11, 2007
A keen golfer with a mean swing

By Terrence Voon

MR SIM COULD NOT bear to stay away from golf for more than a week.
THE man who built a world-class golf course from a plot of barren land had a mean golf swing himself.

Mr Sim Kee Boon, who died on Friday at the age of 78, was an ardent golfer who could not bear to stay away from his favourite pastime for more than a week, say his staff and friends.

Even when he headed the civil service and, subsequently, Keppel and the Civil Aviation Authority of Singapore, he still found time to tee off on weekends. One of his favourite putting grounds was the Garden Course at Tanah Merah Country Club (TMCC), which he founded in 1982 at the behest of then-prime minister Lee Kuan Yew.

His interest in the game first developed in the 1970s, when he joined the Ministry of Communications as permanent secretary.

‘He was one of the few perm secs who knew how to play golf,’ recalled TMCC captain Goh Hup Chor, who knew Mr Sim for over 20 years.

Mr Sim’s wife, Jeanette, also a keen golfer, is the club’s current lady captain.

According to his friends, Mr Sim’s handicap was as low as 11. Though it went up to 22 in the past few years, his technique remained as good as ever.

‘He was a short hitter, but he hit the ball straight. He hardly ever got into trouble on the fairways,’ said TMCC events director Edwin Khoo, who used to play a few rounds with his boss.

Mr Sim’s regular golf ‘kakis’ included former finance minister Richard Hu and TMCC president Tan Puay Huat.

‘Whoever won the game would pay for meals after that,’ said Mr Khoo.

Mr Sim played golf the way he ran TMCC as chairman – with precision and a keen attention to detail.

Said the club’s marketing manager, Ms Han May Leng: ‘He once came up to me and told me to fix the signages on the golf course because they were slightly tilted. He wanted them to be straight as an arrow. For him, everything had to be first-class.’

Mr Sim led by example, even picking up litter on the club grounds. He was often seen in a T-shirt or short-sleeved shirt – a dress code he also imposed on all male employees at the club.

‘His reasoning was that if you’re in a shirt and a tie, you would stay in the office and never get out to see how things really were at the club,’ said Ms Han.

Under his charge, TMCC membership rates rose from an initial $20,000 to $190,000 now. The Garden Course was named the No.1 course in Singapore for three years running by the United States-based Golf Digest magazine.

Though he demanded nothing but the best from his staff, Mr Sim also dished out compassion in equal measure. They recalled how he would often ask about their health and their families – a personal touch that made him a popular figure even outside the club.

Said Pan-West retail manager P.M. Samy: ‘Whenever he came to my shop, he would never fail to ask about my work, my family and my life.

‘He was a real gentleman – both humble and approachable – a man who had golf in his blood. His passing is a great loss to golf.’

S’poreans owe pioneer civil servants a big debt: PM Lee
Paying his respects, he says those like Sim Kee Boon saw the country change and made change happen
By Peh Shing Huei


SINGAPOREANS owe the pioneer generation of public servants such as Mr Sim Kee Boon an ‘enormous debt’, said Prime Minister Lee Hsien Loong yesterday.

‘There was a certain cut of the people who were of that generation,’ he said, after paying his respects to the former civil service head who died on Friday.

‘They grew up, they saw the country change, they made the change happen.’

They were ‘the last of the Mohicans’: a phrase which another former civil service head, the late Mr Howe Yoon Chong, had used to describe himself and Mr Sim, both of whom were among the founding group of top administrators.

‘In a way, that’s true,’ said Mr Lee. ‘That generation of public servants, we owe them an enormous debt.’ Mr Howe, who was also a Cabinet minister, died three months ago.

Mr Sim was 78 when he lost his 17-year-long battle with stomach cancer on Friday.

MM Lee’s tribute to Sim Kee Boon
MINISTER Mentor Lee Kuan Yew paid his respects to the late Sim Kee Boon last night. He released a condolence letter to Mrs Sim and a tribute to her husband.

Letter to Mrs Sim

After retiring from the civil service in 1984 – which included a five-year tenure as its head – he joined Keppel Corporation as its executive chairman and turned the loss-making outfit into one of Singapore’s leading conglomerates.

From 2000, he was also a director of Temasek Holdings.

Mr Lee, who was accompanied by his wife Ms Ho Ching, said Mr Sim was not just doing a job but was sharing his experience, wisdom and perceptiveness as well.

While paying tribute to Mr Sim’s work in building Changi Airport, Mr Lee also praised him for setting the tone of the civil service and leading it to achieve many things.

‘Not everything was done personally by himself. But the leader’s job is not to do everything by yourself. It’s your job to enable other people to work and to be productive and he achieved that,’ he said.

‘He’s not a flamboyant person. He doesn’t put himself on a high pedestal. He’s very easy to get along with, chatty, gregarious, but very sharp mind, very clear what needs to be done.

‘And if you are dealing with a touchy situation, not just in Singapore but with our neighbours or with some other countries, you can depend on him to understand what the issue is, what the other side is trying to achieve, how we can get what we need and maintain the relationship.’

Minister Mentor Lee Kuan Yew and several other Cabinet ministers, including Foreign Minister George Yeo and Defence Minister Teo Chee Hean, as well as former deputy prime minister Tony Tan, who is also SPH chairman, were among those at the wake yesterday.

The wake, which continues until Tuesday, is at Mr Sim’s home at 114 Watten Estate Road.

Steve Friedman

If you are not constantly working for constructive strategic change, then you are the steward of something which must erode. Competitors will leapfrog over you, and clients will find you less relevant. If that was your approach, why would you even want the job?

– Steve Friedman, Former CEO of Goldman Sachs

Some quotes

“A gentleman is not to be found in the office before 11 and never stays beyond four.”

– Alfred de Rothschild, quoted in The World’s Banker – The History of the House of Rothschild by Niall Ferguson

“You could be somewhere where the mail was delayed three weeks and do just fine investing.”

– Warren Buffett, quoted on Global-investor.com

Blue Ocean Strategy

The “ocean” refers to the market or industry. “Blue oceans” are untapped and uncontested markets, which provide little or no competition for anyone who would dive in, since the markets are not crowded. A “red ocean”, on the other hand, refers to a saturated market where there is fierce competition, already crowded with people (companies) providing the same type of services or producing the same kind of goods.

Their idea is to do something different from everyone else, producing something that no one has yet seen, thereby creating a “blue ocean”. An essential concept is that the innovation (in product, service, or delivery) must raise and create value for the market, while simultaneously reducing or eliminating features or services that are less valued by the current or future market.

More info: http://www.blueoceanstrategy.com/downloads/bos_web.pdf

Work is love

Work is Love made visible.
And if you can’t work with love but only with distaste,
It is better that you should leave your work
and sit at the gate of the temple and
take alms of the people who work with joy.

Kahlil Gibran

The Hidden Dangers of Cell Phone Radiation

The Hidden Dangers of Cell Phone Radiation

By Sue Kovach

Every day, we’re swimming in a sea of electromagnetic radiation (EMR) produced by electrical appliances, power lines, wiring in buildings, and a slew of other technologies that are part of modern life. From the dishwasher and microwave oven in the kitchen and the clock radio next to your bed, to the cellular phone you hold to your ear—sometimes for hours each day—exposure to EMR is growing and becoming a serious health threat.

Read the entire article

Electromagnetic Radiation:
Intervention Recommendations from the Safe Wireless Initiative

To minimize dangerous electromagnetic radiation from your personal environment:
Keep your cell phone at least 6-7 inches away from the body while it is on. Continue reading “The Hidden Dangers of Cell Phone Radiation”

Singapore Government investments de-linked from CPF funds

IN ‘CPF finances: Clarity needed to clear the cloud of confusion’ (ST, Sept 20), Ms Chua Mui Hoong questioned whether the CPF provides a cheap source of funds for the Government’s investments. Subsequent Forum letters also raised the matter of how the return on CPF funds is calculated, and what constitutes a fair return.

The interest members receive for their CPF money should reflect what they could earn by investing in the financial markets, in investments which have comparable risk and duration. All CPF balances are guaranteed by the Government and hence free of risk. Hence the Special, Medisave and Retirement Account (SMRA) interest rates will now be pegged to long-term government-bond yields. Furthermore, the first $60,000 of each person’s CPF balances, to be held for the long term, will attract an extra 1 percentage point in interest. This means that they will always earn at least 3.5 per cent interest.

No commercial bank or fund manager offers more generous terms on such investments. Members seeking higher returns can take out their funds to invest through the CPF Investment Scheme (CPFIS). However, 83 per cent of CPF members who invested their OA savings in the CPFIS from 2002 to 2006 realised less than 2.5 per cent returns – the base rate of the OA. Half of all members who invested experienced negative returns, losing some part of their capital sum.

The CPF Board invests members’ savings in special securities issued by the Government, which pay the CPF Board the same interest rates that its members receive. The Government pools the proceeds from issuing these securities with the rest of its funds, and invests them professionally for long-term returns. This is completely de-linked from the CPF Board and CPF members. Were this not so, CPF members would be exposed to the investment risks and could not receive guaranteed minimum interest rates.

Up to now, both GIC and Temasek Holdings have earned returns that exceeded CPF interest rates, on average over the years. But this does not mean that the Government is making use of the CPF as a ‘cheap source of funds’, or earning a ‘spread at people’s expense’.

First, the Government does not need more funds to invest. Even if it did, it could raise funds more cheaply by issuing treasury bills and government securities, instead of using CPF funds.

Second, Temasek and GIC achieve higher returns on average only by taking on more investment risks. Hence these returns are volatile – they can be low or even negative in some years. Furthermore, we cannot assume that GIC and Temasek will do as well in future. The past two decades have been an exceptional period for global financial markets. Looking ahead, we cannot rule out protracted market downturns, lasting several years. Most CPF members have small balances and will not welcome these risks. Neither will older members waiting to withdraw their retirement funds.

Third, Singaporeans benefit when GIC and Temasek investments do well. Every year, the Government draws part of these investment returns to fund the annual Budget. The revenue is spent on worthwhile investments and social needs, including subsidies for housing, education and health care. And from time to time, the Government distributes accumulated budget surpluses to citizens through CPF top-ups and other schemes.

The Government does not rule out the possibility of introducing private pension plans for those with balances above $60,000 and a higher capacity to take risk. However, it would be unwise for members with low balances to take excessive risks on their basic retirement savings.

The current arrangement thus enables all CPF members to earn fair and risk-free returns on their retirement savings, while benefiting from the good performance of GIC and Temasek through the annual Budget. This is the right way to help Singaporeans save for their old age, and enjoy peace of mind in their golden years.

Jacqueline Poh (Ms)
Director (Special Duties)
Ministry of Finance

Shambhala Meditation Center of Chicago

Fix your posture
Align it with heaven and earth
You are a lightning rod between them
Relax everything
Let your past dissolve into the earth
Let your future dissolve into space
Let the present moment dissolve into your breath

And then,
Forget everything you just did
Stare directly into space and relax your mind
Whatever happens don’t be concerned
The absence of deliberate action is the real message
We make too big a deal of practice

Relax
If something occurs, fine
If nothing occurs, fine
The moment is empty

– Vajra Regent , Shambhala Meditation Center of Chicago

CIA Cryptonyms

After watching The Bourne Ultimatum‘s use of the code BLACKBRIAR on ECHELON, I looked up the following CIA cryptonyms.

Operations and Projects

APPLE
ARTICHOKE: Anti-interrogation project. Precursor to MKULTRA.
AQUATONE: Lockheed U-2 Spy Plane Project
BIRCH
BLUEBIRD: mind control program
CHALICE: Lockheed U-2 Spy Plane Project
CHATTER
CHERRY: Covert assassination / destabilization operation during Vietnam war, targeting Prince (later King) Norodom Sihanouk and the government of Cambodia. Disbanded.
CONDOR: 1970s CIA interference in Latin American governments, some allege in the coup and assassination of Salvador Allende in Chile
CORONA: Satellite photo system.
DBACHILLES: 1995 effort to support a military coup in Iraq. [1]
ECHELON: worldwide signals intelligence and analysis network run by the UKUSA Community.
FIR
GUSTO: Project to design a follow-on to the Lockheed U-2 Spy Plane
HTAUTOMAT: Photointerpretation center established for the Lockheed U-2 Spy Plane Project
HTLINGUAL: Mail interception operation.
IDIOM: Initial work by Convair on a follow-on to the Lockheed U-2 Spy Plane. Later moved into GUSTO.
IAFEATURE: Operation to support UNITA and FNLA during the Angolan civil war.
KEMPSTER: Project to reduce the radar cross section (RCS) of the inlets of the Lockheed A-12 Spy Plane
LEMON
LINCOLN: Ongoing operation involving Basque separatist group ETA
LPMEDLEY: Surveillance of telegraphic information exiting or entering the United States
MHCHAOS: Surveillance of antiwar activists during the Vietnam War
MKDELTA: Stockpiling of lethal biological and chemical agents, subsequently became MKNAOMI
MKNAOMI: Stockpiling of lethal biological and chemical agents, successor to MKDELTA
MKULTRA: Mind control research. MKULTRA means MK (code for scientific projects) and ULTRA (top classification reference, re: ULTRA code breaking in WWII. Renamed MKSEARCH in 1964
MKSEARCH: MKULTRA after 1964, mind control research
MKOFTEN: Testing effects of biological and chemical agents, part of MKSEARCH
OAK: Operation to assassinate suspected South Vietnamese collaborators during Vietnam war
OXCART: Lockheed A-12 Spy Plane Project
PAPERCLIP: US recruiting of German scientists after the Second World War
PHOENIX: Vietnam covert intelligence/assassination operation.
PINE
PBFORTUNE: CIA project to supply forces opposed to Guatemala’s President Arbenz with weapons, supplies, and funding; predecessor to PBSUCCESS.
PBHISTORY: Central Intelligence Agency project to gather and analyze documents from the Arbenz government in Guatemala that would incriminate Arbenz as a Communist.
PBSUCCESS: (Also PBS) Central Intelligence Agency covert operation to overthrow the Arbenz government in Guatemala.
RAINBOW: Project to reduce the radar cross section (RCS) of the Lockheed U-2 Spy Plane
SHERWOOD: CIA radio broadcast program in Nicaragua begun on May 1, 1954.
THERMOS: Unclassified codeword used in lieu of RAINBOW
TPAJAX: Joint US/UK operation to overthrow Mohammed Mossadeq, Prime Minister of Iran
TSS: Technical Services Staff
WASHTUB: Operation to plant Soviet arms in Nicaragua

Countries

AE: Soviet Union
AM: Cuba (1960s)
AV: Uruguay
BE: Poland
BI: Argentina
CK: Soviet Union
DI: Czechoslovakia
DM: Yugoslavia
DN: South Korea
DU: Peru
EC: Ecuador
ES: Guatemala
GT: Soviet Union
HA: Indonesia (1958)
IA: Angola
LI: Mexico
MH: Worldwide operation
MK: Projects sponsored by the CIA’s Technical Services Division (1950s/1960s)
OD: Other US Government Departments (1960s)
PB: Guatemala (1954)
SM: United Kingdom
TP: Iran (1953)
TU: South Vietnam
WI: Democratic Republic of the Congo (1960s)
ZR: Normally prefixes the cryptonym for an intelligence intercept program. E.g. ZR/RIFLE, for a Castro assassination plot which was buried. (1960s)

Ludwig Von Mises

“What counts is not the data, but the mind that deals with them…. Galileo was certainly not the first to observe the swinging motion of the chandelier in the cathedral at Pisa.”

“It is characteristic of very great persons to move forward to highest accomplishment out of an inner drive; others require an external impulse to overcome deep-rooted inertia and to develop their own selves.”

See also: Amid Financial Excess, a Revival of Austrian Economics

Being a Christian in the Working World

Being a Christian in the Working World
Kwek Mean Luck, Cambridge 1992-1995
Channel, Easter 2006

When I was in the CCCF, we had a number of post-graduates, who would share with us the difficulties of keeping the faith out in the working world. Imbibing from their experience, one of the things we consciously sought to do was to prepare ourselves for entering the workforce as Christians.

It has been many years since Cambridge, and the Lord continues to teach and to guide. These are some of the lessons I have learnt:

1. Cambridge is wonderful, but I must give other experiences a chance – When we came home, we missed Cambridge and the fellowship we had there terribly. For some, our experiences in Cambridge seemed like the peak of our Christian experience. We felt like we were now in the valley in the working world. It takes time, but we must move on. Clinging to what was wonderful does no good for the present. For those of you who have years in Cambridge still, continue to make the most of your years there, as I am sure you are, and store for yourself wonderful memories. When you leave, give the other experiences a chance.

2. I have graduated but I still need teachers and mentors – I learnt much from the many people around me, some of whom played particularly strong roles in my life as teachers and mentors of what it means to be a Christian in the working world. Some of them were not Christians, but they served as examples of how a Christian should be living. Some were Christians, who also gave me Christian perspective on different things and shared with me their experiences. Find teachers and mentors to guide you in different aspects of your walk with God.

3. Living out our faith – I recall a story told at a conference. A new and young pastor was asked a question about a passage in Romans on predestination during a sermon. He mulled through what answer he should give on a difficult and delicate subject and decided to reply along the following lines: ‘Well you know, there are four gospels before the book of Romans, read through them and put into practice what is said there. When you have done that, we will be ready to discuss the answer to your very pertinent question.’ To deepen our walk with God, at some point we need to move beyond knowledge and start living out our faith.

4. Small things count – There is a saying that talks about how we need to be careful of our thoughts, for they turn into actions, then into habits and then becomes part of our character. It is trite but true. A constant struggle for us is how we are to maintain integrity of our Christian beliefs and faith throughout all seven days of the week. It is easier whilst in church on the weekends, but what are we supposed to do as Christians during Mondays to Fridays when we are working? We each need to find the answer ourselves, but it helps to start with the small things: how we react to a piece of work, how we treat people who serve or work for us at work, how we relate to our bosses, how we react when under pressure or criticism. It is not easy to be a Christian in the workplace, but it is easier if we start by practising a few small things, and build from there. Small things count.

5. He will never let you fall – Most importantly, know that He will never let you fall. I have gone through valleys in my walk with Him. There were times when I felt I was in the desert. Yet, He is also the one who said that He will bring streams to the desert and I have seen Him do so. I used to wonder if I am any less a Christian today than I was in university, since I feel less palpable passion in my heart. Yet, I am heartened that over time, he has replaced that passion with a calmer and stronger fire that has withstood the blowing winds. I do not know about tomorrow, but I know He walks with me. So too will He with you.

Pay lawyers more to keep them: Chief Justice

By Pearl Forss, Channel NewsAsia | Posted: 18 August 2007 2259 hrs

SINGAPORE: More young lawyers are switching careers, citing long hours, unrewarding pay and stress as reasons.

This causes a shortage of lawyers, and as the economy booms and the demand for law services goes up, the problem is becoming more acute.

How to address this problem?

“Pay them well,” said Chief Justice Chan Sek Keong, in his address to law students at the inaugural Singapore Legal Forum on Saturday.

“Our young lawyers enjoy a degree of professional and social freedom and mobility which lawyers of my generation have never experienced. Perhaps the solution is in the old fashion but still fashionable way of using carrots without the stick since the latter doesn’t work. Pay them well. Greed works most of the time, even for the large majority of people in affluent societies,” he said.

In recent years, even the best-paying firms in Singapore are seeing their young lawyers jumping ship to Hong Kong, where salaries for junior lawyers start at about S$11,650 a month.

In contrast, the big firms in Singapore pay junior lawyers just over $4,000.

A second law school has been established at the Singapore Management University.

Also, the NUS Law Faculty has increased its intake and firms are now allowed to hire foreign lawyers.

But the shortage has not eased yet.

Another issue of concern addressed at the Legal Forum is how to make the law more accessible to the public.

Laws may be available online but the language in which it is written makes it difficult for the layman to understand it.

So the Chief Justice said that he would ask the Law Academy’s publishing committee to study the feasibility of publishing simplified law books.

While access to the law is important, access to justice is even more so.

This need will be provided by lawyers who do pro bono work, that is providing service free of charge.

But such services are currently confined to Community Court cases, and this year, more convicted offenders are appearing in High Court appeals without lawyers.

In his speech, the Chief Justice also addressed the issue of restoring confidence in the law profession, particularly after the high-profile case of lawyer David Rasif who fled with more than $12 million in clients’ monies.

“We must be more discerning about what we read in the media. The facts do not suggest any loss of confidence in the legal profession,” said the Chief Justice.

“On the contrary, our large and medium law firms are generally held in high regard in Singapore and in the region. All the ethical and professional lapses that I have come across in my 40 years in the law have emanated from small law firms. It’s very unfortunate,” he added.

Although only a small minority of lawyers in these firms have committed breach of trust, the Chief Justice stressed that all law students must be taught the importance of ethical values.

The forum was organised by the UK Singapore Law Students Society. – CNA/ir

Sub Prime

What happened (and what is still happening) is simply leverage in reverse, or what people used to call a “run on the bank.” But… I think a great more detail would be helpful for you to understand. Please excuse the intricacies: None of this stuff is very easy to understand the first time you think about it. I’ll try to avoid using any jargon…

For nearly 10 years, as interest rates fell from 1995 to 2005, the mortgage and housing business boomed as more and more capital found its way into housing. With lower rates, more people could afford to buy houses. That was good. Unfortunately, it didn’t take long for some people to figure out that with rates so low, they could buy more than one. Or even nine or 10. As more money made its way into housing, prices for real estate went up – 20% a year for several years in some places. The higher prices created more equity… that could then be used as collateral for still more debt. This is what leads to a bubble.

Banks, hedge funds, and insurance companies were happy to fund the madness because they believed new “financial engineering” could take lower-quality home loans (like the kind with zero down payment) and transform these very risky loans, made at the top of the market, into AAA-rated securities. Let me go into some detail about how this worked.

Wall Street’s biggest banks (Goldman Sachs, Lehman Bros., Bear Stearns) would buy, say, $500 million worth of low-quality mortgages, underwritten by a mortgage broker, like NovaStar Financial. The individual mortgages – thousands of them at a time – were organized by type and geographic location into a new security, called a residential mortgage-backed security (RMBS). Unlike a regular bond, whose coupon is paid by a single corporation and organized by maturity date, RMBS securities were organized into risk levels, or “tranches.” Thousands of homeowners paid the interest and principal for each tranche. Rating agencies (like Moody’s) and other financial analysts, believed these large bundles of mortgages would be safer to own because the obligation was spread among thousands of separate borrowers and organized into different risk categories that, in theory, would protect the buyers. For example, the broker (like NovaStar) that originated the mortgages would be on the hook for any early defaults, which typically only occurred in fraudulently written mortgages. After that risk padding, the next 3%-5% of the defaults would be taken out of the “equity slice” of the RMBS.

The “equity slice” was the riskiest part of the RMBS. It was typically sold at a wide discount to the total value of the loans in this category, meaning that if defaults were less than expected, the buyer of this part of the package could make a capital gain in addition to a very high yield. Even if defaults were average, the buyer would still earn a nice yield. Hedge funds loved this kind of security because the yield on it would cover the interest on the money the fund would borrow to buy it. Hedge funds could make double-digit capital gains annually, cost-free and risk-free… or so they thought. As long as home prices kept rising and interest rates kept falling, almost every RMBS was safe. Even if a buyer got into trouble, he could still sell his home for more than he paid or find a way to restructure the debt. On the way up, from 1995-2005, there were very few defaults. Everyone made money, which attracted still more money into the market.

After the equity tranche, typically one or two more risk levels offered higher yields at a lower-than-AAA rating. After those few, thin slices, the vast majority of the RMBS – usually 92% of the loan package – would be rated AAA. With an AAA rating, banks, brokerage firms, and insurance companies could own these mortgages – even the exotic mortgages with changing interest rates or no down payments. With the magic of financial engineering and by ordering the perceived risk, financial firms from all over the world could fill their balance sheets with higher-yielding mortgage debt that would pass muster with the regulators charged with making sure they held only the safest assets in reserve.

For a long time, this arrangement worked well for everyone. Wall Street’s banks made a fortune packaging these securities. They even added more layers of packaging – creating CDOs (collateralized debt obligation) and ABSs (asset-backed security) – which are like mutual funds that hold RMBS.

Buyers of these securities did well, too. Hedge funds made what looked like risk-free profits in the equity tranche for years and years.

Insurance companies, banks, and brokers were able to earn higher returns on assets by buying RMBS, CDOs, or ABSs instead of Treasury bonds or AAA-rated corporate debt. And because the collateral was considered AAA, financial institutions of all stripes were able to increase the size of their balance sheets by continuing to borrow against their RMBS inventory. This, in turn, supplied still more money to the mortgage market, which kept the mortgage brokers busy. Remember all the TV ads to refinance your mortgage and the teaser rate loans?

The cycle kept going – more mortgage securities, more leverage, more loans, more housing – until one day the marginal borrower blinked. We’ll never know whom or why… but somewhere out there, the “greater fool” failed to close on that next home or condo. Beginning in about the summer of 2005, the momentum began to slow… and then slowly… imperceptibly… it began to shift.

All the things the cycle had going for it from 1995 to 2005 began to turn the other way. Leverage, in reverse, is devastating.

The first sign of trouble was an unexpectedly high default rate in subprime mortgages. Beginning in early 2007, studies of 20-month-old subprime mortgages showed a default rate greater than 5%, much higher than expected. According to Countrywide Mortgage, the default rates on the riskiest loans made in 2005 and 2006 is expected to grow to as high as 20% – a new all-time record. The big jump in subprime defaults led to the first hedge-fund blowups, such as the May 2007 shutdown of Dillon Reed Capital Management, which lost $150 million in subprime investments in the first quarter of 2007.

Since Dillon Reed Capital, dozens of more funds have blown up as the “equity slice” in mortgage securities collapsed. Remember, these equity tranches were supposed to be the “speed bumps” that protected the rest of the buyers. With the safety net of the equity tranche removed, these huge securities will have to be downgraded by the rating agencies. For example, on July 10, Moody’s and Standard and Poor’s downgraded $12 billion of subprime-backed securities. On August 7, the same agencies warned that another $1 billion of “Alt-A” mortgage securities would also likely be downgraded.

Now… these downgrades and hedge-fund liquidations have hugely important consequences. Why? Because as hedge funds have to liquidate, they must sell their RMBSs, CDOs, and ABSs. This pushes prices for these securities down, which results in margin calls on other hedge funds that own the same troubled instruments. That, in turn, pushes them to sell, too.

Very quickly the “liquidity” – the amount of willing buyers for these types of mortgage-backed securities – disappeared. There are literally no bids for much of this paper. That’s why the subprime mortgage brokers – the Novastars and Fremonts – went out of business so quickly. Not only did they take a huge hit paying off the early defaults of their 2005 and 2006 mortgages, but the loans they held on their books were marked down, with no buyers available and their creditors demanded greater margin cover on their lines of credit… poof… The assets they owned were marked down, they couldn’t be readily sold, and they had no access to additional capital.

The failure of the subprime-mortgage structure – which started with higher-than-expected defaults, led to hedge-fund wipeouts and then to mortgage broker bankruptcies – might have been contained to only the subprime segment of the market. That’s why we jumped in during late spring and recommended the higher-quality mortgage firms, such as Thornburg and American Home. We believed that the higher quality of these firms’ underwriting would prevent a similar run on the bank.

But… the risk spread because of the financial engineering.

With Wall Street wrapping together thousands of mortgages from different underwriters, it’s likely that hundreds of financial institutions around the world have traces of bad subprime and Alt-A mortgage debt on their books. Parts of these CDOs were rated AAA. Almost any financial institution could own them – especially hedge funds. Hedge fund investors quickly figured this out – and asked for their money back.

And so, in July, liquidity fears began to creep through the entire mortgage complex. Not because the mortgages themselves were all bad or even because the mortgage securities were all bad – but because all the market players knew a wave of selling, led by hedge funds, was on the way. Nobody wants to be the first buyer when they know thousands of sellers are lined up behind them.

The market “locked up.” Nobody would buy mortgage bonds. And everyone needed to sell. Suddenly even Wall Street’s biggest banks – the very firms that created these mortgage securities – were suffering huge losses, as the bonds kept getting marked down as hedge funds and other leveraged speculators had to sell into a panicked market. In this liquidation, even solid firms, like American Home and Thornburg, were trapped owning new mortgages they couldn’t sell to Wall Street. Meanwhile their banks, worried about the collapsing prices of mortgages, demanded greater collateral.

It’s a classic “run on the bank,” except today the function of the traditional bank has been spread out among several institutions: mortgage brokers, Wall Street security firms, hedge-fund investors, and banks. The real problem is that the long-dated liabilities (a 30-year mortgage) were matched not by reliable depositors, but by fly-by-night hedge funds, which were themselves highly leveraged and subject to redemptions.

That’s why even as the top executives in these firms believed their mortgages were safe and sound, they can’t get the funding they need to hold onto them through the crisis. As Keynes predicted, the lives of every higher-leveraged financial institution is precarious: “The market can be irrational longer than you can remain solvent.”

The hedge funds have no solution. Redemptions will force them to sell. They’ll continue to pressure the market, resulting in huge losses. Hundreds of funds will likely be liquidated.

Wall Street’s investment firms, if they can find additional capital to meet margin calls, might weather the storm… depending on how far it spreads. We saw a move in this direction yesterday when Goldman announced $3 billion in additional funding for its big hedge funds.

For most mortgage brokers, the party is over – goodnight. Something like 90% of them will be out of business by the end of the year.

The only chance they have to survive is very conservative underwriting (which might result in a premium for their mortgage securities) and lots of additional funding. Delta Financial, for example, is renowned for its very conservative underwriting, which requires a substantial (20%) downpayment. The company raised $70 million last week from two investors (one of which is our friend, Mohnish Pabrai) to hang on to its $5.6 billion in on-balance-sheet mortgages. The stock is up 14.5% on the news today. Will it be enough capital? It’s very hard to say. It depends on whether or not the company is able to sell some of its mortgages to raise cash. It depends on whether or not it is downgraded further and the firm receives additional margin calls.

I wouldn’t be surprised to see Thornburg take a similar step – raising funds from existing shareholders. But, for now, Wall Street remains very skeptical the firm will survive. Its shares are down another 46% today.

As analysts, what we got wrong was how far the crisis would spread. We thought by buying the most respected firms with the best underwriting, we could avoid the subprime train wreck. What we didn’t know was how far the subprime sludge had been spread via mortgage securities. The insiders at these firms made the same mistake. They assumed by operating conservatively their businesses would retain a premium price on their mortgage and better access to capital. But in a panic, the baby is often thrown out with the bathwater.

And… we have to consider one more thing. Nobody knows right now how far the crisis will spread. It could certainly get worse. As these mortgage bonds are downgraded, the financial institutions that own them must raise more cash in order to meet liquidity regulations. To hold AAA-rated paper, banks, and other financial institutions need only to maintain $0.56 in capital for each $100 of paper. But as the paper is downgraded, the amount of capital they’re required to hold goes up, exponentially. At a BBB rating, financial institutions must hold $4.80 of capital. At BBB-, they must hold $8 of capital per $100 of asset-backed securities. Thus, as the crisis worsens, the demand for capital from these firms could grow substantially.

We can’t know what will happen. And, as we can’t know, we must stand aside when our trailing stop losses are hit. As I wrote, back in early July, about American Home Mortgage:

Speculation on Wall Street is that “Alt-A” debt will be downgraded next. Most of the loans held by American Home Mortgage are considered “Alt-A” because they have adjustable rates. Even with the high credit scores of the company’s borrowers, if rating agencies downgrade the bonds it holds, the company’s solvency will certainly come into doubt. Whether this happens or not is a moot point for us: Our speculation hasn’t panned out. We should have realized it sooner… but in a few more weeks we might be very glad we got out while we could.