Malaysian young lawyers not up to par

KUALA LUMPUR: All young Malaysian lawyers do not meet the standard international quality benchmark set by their employers, according to a Bar Council survey.

Bar Council treasurer Steven Thiru said the survey, conducted on 400 law firms, also found that employer satisfaction of new working lawyers was “shockingly low”.

“It found that young lawyers practising for less than seven years do not have basic attributes like English proficiency, communication and critical thinking skills and commitment to the profession, which is vital for the career,” said Thiru at a forum between the Bar Council and the National Young Lawyers Committee (NYLC),

He said the problem was prevalent among both local and foreign university law graduates.

Thiru placed the blame on the failure of several tertiary education institutes, which did not include practical skills with academic learning.

“So, what we get is law firm employers having to retrain young lawyers in basic practical skills that they should have learned in university,” he said.

The findings come in the wake of the NYLC's recommendations to the Bar to increase the wages of young lawyers and provide more flexible working hours.

The young lawyers have been complaining that they are being paid “too little” for the amount of work they do.

The NYLC, citing its own survey, said 28.2% of young lawyers in the Klang Valley wanted to leave the profession in the next five years while another 38.7% were considering leaving.

Outside the Klang Valley, 15.3% said they would leave and another 48.2% were considering.

“Most cite low salaries and no work-life balance as the main reasons for opting out,” said NYLC chairman Richard Wee.

He said most young lawyers were attracted to overseas firms offering better benefits.

He said NYLC had suggested a starting pay of RM3,000 to RM4,000 a month for young lawyers in Klang Valley and RM2,500 for young lawyers elsewhere. The current salary is RM2,000.

He said that of the 14,500 lawyers in the country, 2,070 were considered as young.

Thiru and other senior lawyers however, said young lawyers did not deserve the raise.

Chee Siah Le Kee & Partners' Wong Fook Meng said young lawyers should earn the raise they were demanding for.

“They fail to realise that they should be working to learn and better themselves as lawyers, rather than focus on the cash.

“There are no shortcuts, young lawyers must create value and contribute meaningfully to their firms to justify higher compensation,” said Wong, who is a member of the Bar Council's Constitutional Law Committee and former NYLC deputy chairman.

By NICHOLAS CHENG
The Star/Asia News Network

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Watch out for get-rich-quick schemes

Good profitability comes from making the right-buying decision 

HAVE you bought any gold in the last five years? If you had bought, either you are laughing all the way to the bank or you are worried sick that you might never see your life savings back in your bank account.

If you had bought physical gold because you believe the price of gold will go up, then you have made a great investment decision. If you had bought because there is a high income return in the form of interest or share of profits, then you have let greed cloud your buying decision. You are buying for all the wrong reasons.

Other than buying shares in the stock market based upon reliable insider information, I know of no other buying opportunities that guarantees you high returns in a short period of time. You might argue that corruption is a guaranteed clean profit scheme but then it is not a buying decision where personal financial risk is involved. It is always other people's money.

The only common denominator in any get rich scheme is greed. Lots of human greed preyed upon by conmen who will continue to thrive because of gullible people buying for the wrong reasons. Their belief that “there is a greedy sucker born every minute” is justified.

In business, you are hailed a marketing wizard when you sell well. If you had bought well, it will be reflected in your gross margins, cash flow and bottom line. So who should be rewarded more, seller or buyer?

Most businesses are obsessed with selling decisions and place less emphasis on buying decisions. You will find these businesses having higher cost of goods, higher obsolescence, poor cash flow and weaker profits.

In this era of commoditisation where final prices for similar products in the market tend to level out, the buying decision becomes even more important and crucial if you intend to eke out any ounce of strategic advantage over your competition. Buying accurately products that sells, negotiating for the lowest prices, buying the right quantity to prevent inventory overstocking, improving cash flow and in this process creating operational efficiency that will help you survive the battle and eventually win the war.

Even the biggest organisations make poor buying decisions. One great example is Tenaga Nasional Bhd's (TNB) buying deal with the original independent power producers. Granted that the buying decision was right in view of the energy crisis at that time, the one-sided negotiated deal to buy at high prices and all the power produced, caused massive amount of losses to TNB. Just to show how one major buying decision can change the fortunes of a company.

In contrast, AirAsia's early decision to buy massive numbers of new aircraft of one type and from one supplier has defined their success path that you are seeing today. New planes versus old leased planes reduces maintenance costs and are more fuel efficient. Reduced training required for flying and cabin crew. Familiarity breeds efficiency.

Planes can be rerouted anywhere and replacement easily available as there are same numbered seats in all the planes. Expensive spare parts are kept to a minimum and maintenance procedures easily standardised. AirAsia, being the single largest customer of Airbus Industries, will definitely pay the lowest price for an A320 aircraft with the best financing terms from European banks.

These buying decisions are driven by the low cost business model plan. The only buying decision beyond its control is the supposedly high charges of operating out of the new LCC airport. Protracted negotiation between the only authorised airport operator and its biggest customer who will win?

To make money when you sell at a lower price than your competitors, you must have a comparable lower operating cost and lower cost of goods. Selling price is now determined by your buying cost.

So if you want to go into a price war, just make sure you can continuously buy cheaper than your competitors and your operating cost kept even lower. The best example is Walmart, the biggest retailer in the world. Using its massive buying power to have the lowest cost of goods, it has out-priced its competitors by a margin across all categories. To ensure it has the lowest operating cost, it has deliberately built its low-cost warehouse buildings on low-cost land in the outskirts where labour is easily available and cheap.

Buy cheap, sell cheap. Forever cheap. Proven successful formula when products and services become commoditised. Just make sure your buying strategy is sustainable.

I have been trading for 27 years and I have lost count on how many wrong buying decisions that I had made. Some were really inexcusable silly mistakes, some were downright poor judgement calls and some out of pure greed. In all these cases, I was not focused enough and was buying for all the wrong reasons and it had caused me considerable amount of discomfort and agonising moments in my business life.

I have a successful brand because I developed a great buying strategy that is able to meet my customers' needs on a sustainable basis. I have a profitable company because I bought well and because I am personally involved in all the major buying negotiations.

If you are on your own, be fully involved in the buying process. What you buy determines what you sell and how you sell. How you buy determines your profitability.

Just remember not to buy pieces of paper that promises you immediate high returns. For your children's sake... Wise up!

ON YOUR OWN
By TAN THIAM HOCK

To access earlier articles of On Your Own, log on to www.thiamhock.com. Honest comments welcomed and approved.

Japan ministers visit Tokyo war shrine amid anger from China, S Korea

Japan's transport minister Yuichiro Hata (centre) and other lawmakers visit the Yasukuni Shrine in Tokyo on Thursday. Photo: AFP



67 Japanese lawmakers, including two cabinet ministers, have visited the controversial Yasukuni Shrine in Tokyo.

The two cabinet members were Japanese Transport Minister, Yuichiro Hata, and Postal Minister, Mikio Shimoji. Their visit came a day after opposition leader Shinzo Abe’s visit to the shrine. The Yasukuni Shrine honours 2.5 million Japanese war dead, including 14 leading World War Two war criminals.

The shrine is seen as a symbol of Japan’s past militarism by its Asian neighbours including China and South Korea, who have condemned the Japanese politicians’ visit. China’s Foreign Ministry called on Japan to face up to the international community.

Hong Lei, Spokesman of Chinese Foreign Ministry, said, "China’s position on this issue has been clear-cut and consistent: we urge the Japanese side to reflect upon history and strictly abide by its solemn statements and pledges regarding historical issues, and face the international community in a responsible manner."

Two Japanese ministers were part of a cross-party group of lawmakers who visited a controversial Tokyo war shrine on Thursday, the day after opposition leader Shinzo Abe angered China and South Korea by paying homage there.

Dozens of parliamentarians were at Yasukuni Shrine as part of celebrations for Japan’s autumn festival.

Among the lawmakers were transport minister Yuichiro Hata of the ruling Democratic Party (DPJ) and postal reform minister Mikio Shimoji of DPJ’s junior coalition partner, People’s New Party, local media said.

Prime Minister Yoshihiko Noda has stayed away from the shrine and previously told his cabinet to do the same.

Opposition leader Shinzo Abe, a man well-placed to become Japan’s next prime minister, was at the Shinto shrine Wednesday, prompting criticism from China and South Korea.

China’s state media there said Abe’s visit would “further poison bilateral ties”.

“At such a delicate moment, Abe’s visit... has added insult to injury and dealt another blow to the already fragile Sino-Japanese relations,” the Xinhua news agency said.

“Provocative and short-sighted actions would harm the interests of Japan and its people,” it said, noting that already the “strained political ties have produced serious economic fallout for both sides”.

A South Korean foreign ministry spokesman expressed “deep regret and concern” that such a senior political leader and former prime minister saw fit to visit “a symbol of the Japanese war of aggression and militarism”.

Japan has spent the last few months at loggerheads with China over a group of islands in the East China Sea, and it is engaged in a propaganda war with South Korea over a long-standing territorial dispute involving a set of isolated islands.

Japan’s colonial rule over Korea from 1910 to 1945 is still a source of bitter resentment among older generations and Abe, who was elected president of the opposition Liberal Democratic Party last month, is already an unpopular figure here.

As prime minister in 2007, he enraged South Koreans by denying the Japanese military’s direct involvement in forcing women, many from the Korean peninsula, into sexual slavery during World War II.

The Shinto shrine in central Tokyo honours 2.5 million war dead, including 14 convicted Class A war criminals from World War II.

Visits to the shrine by government ministers and high-profile figures spark outrage in China and on the Korean peninsula, where many feel Japan has failed to atone for its brutal aggression in the first half of the 20th century.

Yasukuni Shrine

Yasukuni Shrine, located in Tokyo, Japan, is dedicted to over 2,466,000 Japanese soldiers and servicemen who died fighting on behalf of the Emperor of Japan in the last 150 years. It also houses one of the few Japanese war museums dedicated to World War II.The shrine is at the center of an international  controversy by honoring war criminals convicted by a post World War II court including 14 'Class A' war criminals. Japanese politicans, including prime ministers and cabinet members have paid visits to Yasukuni Shrine in recent years which caused criticism and protests from China, Korea, and Taiwan.

On August 15, the anniversary of Japan’s surrender in the second world war, two ministers – Hata and Jin Matsubara, the minister in charge of the issue of Japanese kidnapped by North Korea – visited Yasukuni.

By Agence France-Presse in Tokyo

Malaysia taps into the growing importance of the redback:Yuan

The Society for Worldwide Interbank Financial Telecommunication says yuan usage worldwide grew 15.6% between July and August this year.

MALAYSIA’S love affair with the yuan or renminbi is growing, and it is easy to see why.

For one thing, China’s economic clout is rising. It is now the second largest economy in the world, and with ongoing financial reforms by the Chinese government, the yuan is expected to eventually rise to match the country’s economic stature.

For another - and more importantly - China has, in recent years, been growing to be an increasingly significant trading partner to many economies in the world, especially in Asia, including Malaysia.

Bilateral trade between Malaysia and China, for instance, is now seven times higher than it was 20 years ago.
And China has emerged as Malaysia’s largest global trading partner since 2009.

Last year, Malaysia’s total trade with China was valued at RM167bil, up 14% from the preceding year, and accounting for 14% of the country’s total trade.

The Government expects the value of Malaysia’s total trade with China to double in the next five years.

China’s rising prominence, in Bank Negara governor Tan Sri Dr Zeti Akhtar Aziz’s words, presents “a new operating environment” that requires “dynamic response”.

At a recent seminar entitled “Renminbi Trade Settlement and Investment”, Zeti said one of the changes that would shape the international financial system in the years to come was the wider role of the yuan in trade and finance.

As it is, such trend is already taking shape, with yuan usage across the world increasing progressively.

Wider yuan usage 

According to Society for Worldwide Interbank Financial Telecommunication (SWIFT), yuan usage worldwide grew 15.6% between July and August this year, compared with an average decrease of 0.9% across all other currencies. SWIFT further noted the yuan has moved up one position to be the 14th mostly used world currency, with a market share of 0.53%, up from 0.45% in July 2012.

Standard Chartered plc’s report supports claims that the global use of yuan is on the rise, for trade settlement, in particular.

The international bank notes that Asian and European firms, led by those from Singapore and London, are increasingly open to using yuan.

“We see many European and Asian clients shifting away from settlement in US dollars,” Standard Chartered’s Hong Kong-based foreign exchange analyst Eddie Cheung wrote in his report.

Reports by foreign media suggest that yuan trade settlement could run between US$350bil and US$450bil this year, up from US$300bil last year.

It is understood that China is also quietly working on developing new yuan financial centres around the world to expand the international use of the currency.

At present, Singapore and London are the only cities outside Hong Kong that have been allowed to serve as yuan trading centre. China is reportedly planning for the next regional hubs for settling trade deals in yuan to be set up in Latin America and the Middle East.

As part of an initiative to encourage a wider use of its currency and to manage volatility in uncertain economic times, China has been actively seeking to establish ilateral swap agreements with foreign central banks since the onslaught of the global financial crisis in 2008.

To date, China has managed to set up 20 bilateral local currency swap agreements, worth a total of 1.6 trillion yuan (RM780bil), with central banks of countries within and outside of Asia.

This list includes Malaysia, South Korea, Iceland, Argentina, Pakistan, the United Arab Emirates, Turkey and Australia.

China’s bilateral swap agreement with Malaysia is worth 180 billion yuan.

Zeti notes that Malaysia’s trade settlement in yuan is still at a paltry 1% of the country’s bilateral trade with China. “There is, therefore, a significant potential for this to increase,” she says.

Bank Negara is currently on a mission to promote a wider use of yuan for trade settlement and investment among Malaysian corporations as a way to generate cost savings and minimise exchange rate risks.

“A wider use of yuan is only a natural progression, led by China’s rapidly expanding trade volume and its increasing role as the driver of global economic growth,” explains RAM Holdings Bhd group chief economist Dr Yeah Kim Leng.

“For Malaysian businesses with yuan obligations, the shift to the use of yuan will provide a natural hedge and help them reduce risk and lower cost,” he adds.

According to Zeti, Malaysia’s interest in yuan is also notable in the investment option, with yuan deposits in the country’s banking system having tripled within the first seven months of this year.

Focus on Dim Sum bonds

Meanwhile, there is also an ambition to promote Malaysia as the next hub for yuan-denominated debt (or popularly known as “Dim Sum bonds”) in Asean after Singapore. This is led by the growing interest in raising financing in yuan to meet funding requirements.

“Malaysia is well-positioned to realise this growth potential in yuan-denominated bond and sukuk, given our market size and supporting infrastructure,” Zeti argues.

She, however, says the number and timing of yuan-denominated bond and sukuk issuances will depend on the approvals of Bank Negara and the Securities Commission.

To date, there are only two issuances of offshore yuan-denominated sukuk out of Malaysia and a yuan-denominated bond issuance by Malaysian corporations.

“Ultimately, the potential of Malaysia of becoming a regional yuan debt hub will have to be led by natural market forces, that is, supply and demand,” Yeah points out.

At present, Europe, led by Luxembourg, outstrips Asia (excluding Hong Kong) in terms of both the number of issues and the number of issuance locations.

Analysts, however, believe Asia (excluding Hong Kong) will soon catch up.

Anchor currency

According to the Asian Development Bank (ADB), the yuan will eventually become the “anchor currency” for Asia.

This destiny is cemented by the growing use of the currency in the region’s trade and financial markets.

This, however, does not necessarily mean that the yuan will become part of the foreign exchange reserves of Asian countries, most of which still hold US dollar, euro and the Japanese yen, says ADB. Rather, it means that countries that use yuan widely will manage their currencies according to the yuan’s movement.

The consensus view is that there is still some way to go before the yuan can become a reserve currency. That will involve further openness of China’s own financial markets.

At present, the yuan has yet to qualify as a reserve currency due to its lacks of full convertibility as defined by the International Monetary Fund.

Nevertheless, many central banks have already started to diversify their reserves into the yuan. One of these is Bank Negara, which became the first central bank in the world to announce the inclusion of yuan in its foreign reserves in 2010.

It has been five years since China embarked on a plan to internationalise its currency.

Analysts argue that the process of internationalising the yuan is already progressing smoothly, but gradually in a managed way.

In their working paper entitled “Will the renminbi rule?” authors Eswar Prasad and Lei Ye argue that although China still has extensive capital controls in place, they are being “selectively and cautiously dismantled”.

“China’s capital account is becoming increasingly open in actual terms even though by this measure it remains less open than those of the reserve currency economies – the euro area, Japan, Switzerland, the UK and the United States,” they argue.

According to CIMB Research chief economist Lee Heng Guei, China has taken small yet quite successful steps in its quest for internationalisation of the yuan.

However, he says, full-fledged internationsation of the yuan is a still a distant goal.

“China is clearly more influential than in the past and the internationalisation of the yuan has sped up. But it will take many more years, perhaps another five to ten, for the yuan to be fully global and convertible,” Lee argues.

Undervalued or not?

Now, China’s currency policy has for long been a contentious issue with many western developed nations, especially the United States. There has been growing political pressure on China, led mainly by the United States, to increase the value of the yuan.

The United States has been arguing that the yuan is significantly undervalued, hence giving China’s exporters an unfair price advantage over US manufacturers.

The undervaluation of yuan, which, to some, warrants China being tagged a currency manipulator, has even become an important scoring point in the current US presidential campaign between Republican candidate Mitt Romney and incumbent Barack Obama.

A semi-annual report on the yuan by the US Treasury is due to be released on Monday.

It remains to be seen whether the release of the report will be delayed until after the Nov 6 US presidential election, given the political sensitiveness of the issue.

To be fair, since the yuan’s depeg from the US dollar in July 2005, the Chinese currency has appreciated more than 30% against the greenback.

And reaffirming its policy stance of further exchange rate flexibility, the Chinese government in April widened the trading band from +/-0.5% to +/-1% for the yuan against the US dollar.

Peterson Institute for International Economics estimated the yuan four years ago was undervalued by 31.5% against the US dollar. The latest estimate by the Washington think tank in May indicates that the yuan is now undervalued by only 7.7% against the greenback.

CIMB’s Lee contends that the yuan’s appreciation has to be a gradual and longer-term affair to avoid disrupting China’s economic development.

“The gradual and consistent yuan appreciation can be considered a stabilising factor for the (Chinese) economy, especially its export-oriented sector,” he explains.

According to the Royal Bank of Scotland, the yuan’s value is unlikely to change much in the short term, but further medium-term appreciation on account of productivity catch up remains a possibility.

“If the global economic outlook improves in 2013, the yuan is likely to see further medium-term strengthening, with the pace depending on current account developments,” RBS’ Hong Kong-based analyst Louis Kuijs notes.

By CECILIA KOK
cecilia_kok@thestar.com.my


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China and Asian central banks wary of QE3 inflation risks

BEIJING - China's central bank governor has warned that quantitative easing policies worldwide could cause inflationary risks, state news agency Xinhua said on Saturday.

The remarks by People's Bank of China (PBOC) Governor Zhou Xiaochuan come even as analysts credit policy easing from G4 central banks - the US Federal Reserve, the European Central Bank (ECB), the Bank of Japan and the Bank of England - in the third quarter of the year as underpinning business confidence.

Chinese data on Saturday offered a sign that G4 policy easing was being felt in the world's second biggest economy, with trade numbers showing exports grew at roughly twice the rate expected in September while imports returned to the path of expansion.

"The data shows both imports and exports are improving - especially a rebound in export growth reflects a rising confidence after the U.S. and European countries launched further easing policies last month," said Xue Hexiang, an analyst at Guotai Junan Securities in Shanghai, after the trade numbers were released.

Across Asia, central banks are wary about the potential inflationary impact of the Fed's latest quantative easing, dubbed QE3, as well as policy stimulus unveiled by the ECB.

Central banks "should consider draining excessive liquidity injected into the market and eliminate inflationary pressure in the long-term", Zhou was quoted as saying by Xinhua, which cited the Journal of Public Research, a magazine published by the People's Bank of China.

China's central bank said in September that it would "fine tune" policy to cushion the economy against global risks while closely watching the possible impact from recent policy loosening in the United States and Europe.

China's economy has slowed for six successive quarters and economists expect that Q3 growth data due on Oct. 18 will confirm the slide extended for a seventh. The consensus forecast in a Reuters poll is for annual growth of 7.4 percent in Q3, down from Q2's 7.6 percent.

Under the banner of policy fine-tuning, China's central bank cut interest rates twice in June and July and lowered banks' reserve requirement ratio (RRR) three times since late 2011, freeing an estimated 1.2 trillion yuan for boosting loans.

But it has refrained from cutting interest rates or RRR since July. Instead, it has opted to inject short-term cash via its open market operations into money markets to ease credit strains.

China's annual rate of inflation was 2 percent in August, half the 4 percent targeted by the central bank, though nudging higher from July's 1.8 percent rate. The PBOC has fought hard to bring inflation down from a three year peak of 6.5 percent hit in July 2011 and is determined to contain price pressures.

Consumer price data for September is due to be published on Oct. 15 and the benchmark Reuters poll has a consensus forecast for annual inflation of 1.9 percent.

Meanwhile China's long-term inflationary pressure could be alleviated by the slowing rate of acquisition of foreign exchange reserves, Zhou said.

China's official reserves, the world's largest at US$3.29 billion as at the end of September, have been relatively steady this year as global trade has slowed and Chinese exports along with it.

Foreign reserves are a key component of money supply. A slowdown in accumulation implies a reduction in the rate of monetary expansion and consequently easing inflation pressure.

Zhou, writing in the official China Financial Research Journal, said reserves would not keep growing endlessly as the share of the current account surplus in the country's economy was already very high and would drop in future, according to a report in the Security Times newspaper. REUTERS

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