Issue 18 - SwissCham.org
Transcription
Issue 18 - SwissCham.org
Presidents' Page John Liebeskind Chairman of SwissCham China Christian Gürtler President of SwissCham SHA ear Readers, Members & Friends D The world ¿nished the Year of the Rat in the midst of the largest ¿nancial and economical turmoil since the Great Depression of 1929 and entered the Year of the Ox with skepticism about how deep and how long the downturn will eventually last. More than ever, with its domestic market still growing at a pace which other countries will envy, and with a large portion of the American debt in its coffers, China will undoubtedly play a very important role in leading the world recovery and ascertain its presence on the international scene. In regard to diplomatic and economic relations between China and Switzerland, the recently appointed Ambassador of Switzerland in Beijing, Mr. Blaise Godet, to whom the Chambers renew its deepest wishes for the success of his new role, expresses his thoughts in this issue. On China-Switzerland relations, the SwissCham Hong Kong is further delighted to welcome in Hong Kong the ¿rst of¿cial visit of Federal Councilor Mrs. Doris Leuthard, the Swiss Minister for Economy, in February 2009. From the December 2008 SwissCham Business Confidence Survey, Swiss business leaders have shown a resiliently high con¿dence level in regard to their ventures in China –that is certainly the case of the CEO of Phonak China, Mr. Urs Eller, who received the CEO of the Year Award of SwissCham Shanghai and who shared his thoughts with The Bridge. On the rule of law, the main topics of this 18th issue, Prof. Harro von Senger, a distinguished Sinologue, expresses his thoughts on the current situation. The many competitive advantages of Hong Kong, which destiny is more and more intertwined with the Mainland, and the role that Hong Kong offers in structuring Chinese ventures and contracts, are besides discussed in an article penned by the undersigned. We hope that you will take pleasure in reading this issue of The Bridge! And For the Year of the Ox, Gong Xi Fai Cai, Kung Hey Fat Choy, Happy and Prosperous Chinese New Year to all of you! Serge G Fafalen President SwissCham Hong Kong ጺጆત Marc Aeschlimann President of SwissCham GZ Serge G. Fafalen President of SwissCham HK ᭀⱘ䇏㗙ˈӮਬ᳟টӀ˖ ᇞ ៥Ӏਞ߿њ㞾1929ᑈ㒣⌢㧻ᴵҹᴹܼ⧗䞥㵡ॅᴎ᳔Ϲ䞡ⱘ哴 ᑈˈ䖯ܹњᇍॅᴎⱘϹ䞡ᗻঞᣕ㓁ᯊ䯈ϡᯢⱘ⠯ᑈDŽ བҞˈЁᏖഎձ✊ҹҸ݊ᅗᆊႝསⱘᖿ㡖༣ࠡথሩˈ ࡴ Ϟ䞣㕢؎ࠌЎЁᬓᑰ᠔ᣕ᳝ˈЁᇚϡᆍ㕂⭥ⱘϪ⬠㒣⌢ ḐሔЁᢙӏ乚ᇐⱘ㾦㡆ˈᏺ乚Ϫ⬠㒣⌢ᘶ㐕㤷DŽ ᮄϞӏⱘ⨲偏ढՓBlaise Godetˈ⫳ܜᴀߞЁ䯤䗄њҪᇍ থሩЁ⨲ϸⱘѸ݇㋏Ϣ㒣⌢ⱘⳟ⊩DŽ⨲ଚӮ⼱ҪᮄⱘᎹ ቫԡϞপᕫ៤ࡳDŽЁ⨲݇㋏ᮍ䴶ˈ佭␃⨲ଚӮᇍᇚ2009ᑈ2᳜ ϔᴹ佭␃䆓䯂ⱘ⨲㘨䙺䆂ਬݐ㒣⌢䚼䭓Doris Leuthardཇ㸼 ⼎⛁⚜ⱘ䖢DŽ Ң2008ᑈ12᳜ⱘ⨲ଚӮⱘଚϮ䇗ᶹ㒧ᵰЁথ⦄ˈ⨲݀ৌⱘ 乚ᇐҎᇍ݀ৌЁⱘথሩ䛑䴲ᐌֵ᳝ᖗDŽ՟བዄЁⱘ㸠ᬓᘏ 㺕Urs Ellerˈ⫳ܜҪ㦋ᕫњĀЁ⨲ଚӮ2009ᑈᑺ᳔Շ佪ᐁᠻ㸠 ᅬāⱘ⿄োˈᑊljḹNJ䞠Ϣᆊߚѿ݊㒣ग़DŽ 㨫ৡⱘ∝ᄺᆊHarro von Sengerमˈ䖭ᴀҹ⊩⊏ЎЏ乬ⱘ कܿᳳᴖᖫ䞠ˈᇍ⦄Ҟᯊџথ㸼њҪⱘⳟ⊩DŽ佭␃᳝䆌ⱘゲѝ ӬˈҸᅗⱘੑ䖤ࡴЁᙃᙃⳌ݇˗ᴀ᭛㗙ᴀߞⱘݙϔ ㆛᭛ゴЁгᇍ佭␃䆒ゟЁ݀ৌϢㅒ䅶ण䆂ᮍ䴶᠔ᡂⓨⱘ䞡㽕㾦 㡆䖯㸠њ䆺㒚䯤䗄DŽ Ꮰᳯ䇏㗙୰䖭ϔᳳⱘljḹNJʽ⼱ᜓᆊ᳝ϔϾᛝᖿⱘǃЄᬊ ⱘ⠯ᑈDŽᙁ୰থ䋶ʽ 㣗ᆠ啭˄Serge G Fafalen˅ 佭␃⨲ଚӮЏᐁ 3 Issue 18 2009 | 2009ᑈ18ᳳ 3 Presidents’ Page 3 By Serge G Fafalen ዐࡔ๗ฆࣷĊၑߗዷဝǖݔୄ Cover Story: Does China's "Rule By Law" Ensure its Stability? ހ௬ࠤ๚: ᅜ݆ܸዎ 11 7 14 16 20 ጺጆત Ruled by Law Legal Expert Prof. Harro von Senger: “China’s Legal System Needs a Chinese Understanding” Economic Update Will Job Losses Lead to Social Unrest? Maintaining social stability remains top concern By Wang Tao, Head of China Economic Research, UBS Long Tradition of Rule of Law A Hong Kong perspective on PRC legal issues By Serge G. Fafalen, President of the Swiss Chamber of Commerce in Hong Kong ᅜ݆ܸዎ Harro von Sengerᬭᥜ䅸ЎЁঞ݊ᬓ⊏ ⊩ᕟԧ㋏䳔㽕ϔϾ“Ёᓣⱘ⧚㾷” 15 ঢ়षႎኪ ฿ᄽࣷޏᆅ݀มࣷږۯ 㓈ᡸ⼒ӮᅝᅮҡЎ佪㽕䯂乬 㗙˖⥟⍯ˈ⨲䫊䆕ࠌ(UBS)Ё㒣⌢ⷨお䚼Џӏ 18 ᆬ৳݆ڦዎدཥ Ң佭␃ⱘ㾦ᑺᴹ䗣㾚Ёݙഄ⊩ᕟ䯂乬 23 ٗࠌׂዷᅭጽၠׇঢ়ष ⾕᳝ࠊ˖Ё㒣⌢༛䗍ⱘⳳℷ⑤⊝ 㗙˖咘Ѯ⫳ From Marx to Market Private ownership: The real source of China’s economic miracle By Yasheng Huang, Associate Professor MIT Sloan School of Management ฆᄽঢ়षႎ࿕ Business and Economic News 26 CEO-Interview “Entering the World of Sound” Bringing good to the people is his key motivation driver, says Urs Eller of Phonak 29 CEOጆݡ Đำᅼڦ๘হđ ዄЁᘏ㺕Urs Eller㸼⼎䗴⽣ҎӀᰃҪⱘЏ㽕ࡼ᠔ 32 Blaise Godet: “Thrilled About New Assignment” Conversation with the new Swiss Ambassador to China 36 ๗ටሞࡔྔ ኍܔ๗ࠅ௷ڦᅅଐԍ၃ 䗝ᢽϔϾ䗖ᔧⱘए⭫ֱ䰽᠔䴶Јⱘᣥ 㗙˖Diego M. Rovelli 34 Swiss Abroad Update Health Insurance for Swiss Nationals The challenge to select the right cover By Diego M. Rovelli, Managing Partner, SIFA 40 ๗ധኤ࠳ဆĐ๗ฤߵധኤđ 㗙˖ᅝ㖑 38 The New Swiss Schengen Visa Facilitated journeys to Switzerland for PRC citizens 44 ዐࡔฆခ݆ୱኪ๎ હۯ૰३ 䳔㽕Ҩ㒚ⱘ㾘ߦϢ⌕ㅵ⧚ 㗙˖Kevin Jones, 催㑻乒䯂, Ϟ⍋ढᕟᏜџࡵ᠔ 42 Legal Update Workforce Reductions Careful advance planning and process management is required By Kevin Jones, Senior Consultant, DLA Piper Shanghai 46 Case Study Sanitary Innovation HR Strategy of Geberit China By Dawina Fahrni, Ch-ina ࿔ࣅิऄጆતǖዐࡔڦ࿐ิԍॳ Life & Culture: Health Care in China 50 Legacy of China The history of Chinese inventiveness By Garry McAlpine, Executive Producer of “Legacy of China” 52 Regional News 54 60 68 4 Beijing Shanghai Hongkong ዐࡔ࿔ڦᅍׂ Ёথᯢ 㗙˖Garry McAlpine ฆࣷႎ࿕ 54 60 68 ԛ ฉ࡛ ၑߗ Thank you to our Advertisers and Sponsors! ༬ ՚ ߌ ႇ Ԩ ᆶ ሢ ዺ ฆ Issue 18 2009 Swiss Air Lines ZKB Mercuria Jura Opposite Presidents' Page After Contents Page Page 10 Dongdao Page 13 Regus Page 19 UBS Page 25 Omtis Page 28 CIS Page 31 DLA Piper Page 33 SIFA Page 37 DHL Page 45 Gondrand Page 49 SDM Dental Page 53 ዐࡔĐᅜ݆ܸዎđీԍኤഄ࿘ۨǛ “China's Legal System Needs a Chinese Understanding”, says Prof. Harro von Senger Harro von SengerණྺĐዐࡔ݆ڦୱ༹ဣႴᄲᅃ߲ዐࡔ๕ڦđ Will Job Losses Lead to Social Unrest? By Wang Tao, UBS Head of China Research ฿ᄽࣷޏᆅ݀มࣷږۯǛઠጲྦྷ༢..UBSዐࡔঢ়षჺ৯ևዷඪۅ࠵ڦ Swiss Ambassador Blaise Godet: “Thrilled by New Assignment!” ๗ጂࣀٷ๑Blaise Godet;Đྺႎڦ๑ంߌڟ႗"ݺđ “SwissCham CEO of the Year” Urs Eller: “Bringing Good to the People” Đዐࡔ๗ฆࣷ2009܈ፌॅဝኴႜ࠳đUrs Eller;Đሰޟට்đ Administrator: SwissCham Shanghai ዷ࠶:!ዐࡔ๗ฆࣷĊĊฉ࡛ Publisher: SwissCham Shanghai Ӳ:!ዐࡔ๗ฆࣷĊĊฉ࡛ Circulation and Advertising Contacts: ݀ႜत࠽ߢஏتǖ First Page Friedrich Reinhardt Verlag Does China’s “Rule By Law” Ensure its Stability? Editor in Chief and Managing Editor: Fabian Gull Џ㓪˖ᮍᖙᅝ Editors: Batiste Pilet (Beijing) / Benjamin Mueller-Rappard (Hong Kong) 㓪䕥˖ⱑᵒᖋ(࣫Ҁ) Editorial Committee: Christian Gürtler / Nicolas Musy / Liv Minder / Fabian Gull / Benjamin Mueller-Rappard / Batiste Pilet 㓪ྨ˖હ⡍Ф / ሐসᢝ·ᨽ㽓 / ᯢᖋБ / ᮍᖙᅝ / ⱑᵒᖋ Marketing and Communication: Fabian Gull 㸠䫔ӕߦ˖ᮍᖙᅝ English / Chinese Translations: Speed Technology Shanghai and Jina Sun Ё㣅᭛㗏䆥˖Ѹџᖙ䖒㗏䆥݀ৌǃᄭ㒻 Proof Reading: Jina Sun ᷵ᇍ˖ᄭ㒻 Printer: Shanghai Sea Bird Printing Co., Ltd. ॄࠋ˖Ϟ⍋⍋右ॄࡵ᳝䰤݀ৌ Inside Front Cover Fracht Malik Management Zentrum St. Gallen Inside Back Cover Back Cover We thank GO-TRANS(Shanghai)Ltd. and DHL Global Forwarding for sponsoring the distribution Shanghai/ฉ࡛: Address˖Room 1612, No.1388 Shaan Xi North Road, Shanghai ഄഔ˖Ϟ⍋Ꮦ䰩㽓࣫䏃1388ো䫊ᑻӕϮЁᖗ1612ᅸ Post Code/䚂㓪˖200060 Tel/⬉䆱˖+86 21 6149 8207; Fax/Ӵⳳ˖+86 21 6149 8132 E-mail˖[email protected] Beijing/ԛ: Address˖Suite 100, 38 Liangmaqiao Road, Chaoyang District, Beijing ഄഔ˖࣫ҀᏖᳱ䰇ऎ҂偀ḹ38ো100ᅸ Post Code/䚂㓪˖100125 Tel/⬉䆱˖+86 10 8531 0015; Fax/Ӵⳳ˖+86 21 6432 3030 E-mail˖[email protected] Guangzhou/࠽ዝ: 1807, 18/F Center Plaza Tower B, 161 Linhexi Rd, Tianhe District, Guangzhou ഄഔ˖ᑓᎲᏖ⊇ऎᵫ㽓䏃161োЁ⋄䰙ᑓഎBᑻ1807ো Post Code/䚂㓪˖510620 Tel/⬉䆱˖+8620 3831 0021; Fax/Ӵⳳ˖+8620 3825 1882 E-mail˖[email protected] Hong Kong/ၑߗ: Address˖Suites 6206-07, Central Plaza, 18 Harbour Road, Wanchai, Hong Kong ഄഔ˖佭␃Ҩ␃䘧18োЁ⦃ᑓഎ6206-07ᅸ Tel/⬉䆱˖+852 2524 0590; Fax/Ӵⳳ˖+852 2522 6956 E-mail˖[email protected] ៥Ӏᛳ䇶催ゴ䋻䖤Ϟ⍋᳝䰤݀ৌЁ䖤ᬺ䈾݀ৌ 䌲ࡽথ㸠ᴀߞ Design & Layout / ظᅪยऺ: L & Associates Graphic Company Limited Ϟ⍋ޠᔶ᭛䆒䅵᳝䰤݀ৌ Designer / ยऺ: Harley Zhang / Cici Huang ᓴᓎ⊏咘 E-mail: [email protected] D I S C L A I M E R THE BRIDGE is a quarterly publication. Editorial and advertising are independent and do not necessarilly reflect the views of the Board, the members or the staff. Any article in the Bridge Magazine is for advertorial or information only. It does not reflect the view of the Swiss Chamber of Commerce in China and Hong Kong and Swiss Chamber of Commerce in China and Hong Kong will not be liable for it. 5 THE WORLD’S SLIMMEST BEAN-TO-CUP MACHINE Your needs are clear enough. You love the unbeatable flavour of freshly ground and brewed coffee and want to select your own blend. You prefer the freedom to select the coffee strength to suit your own taste and are looking for an environment-friendly system. And you want all this in a compact, easy-to-use machine. Sounds familiar? In that case, the new ENA – named after the Greek for ‘one’ and just 23.8 centimetres wide – is your number one choice. Mainland China: Shanghai HJ Coffee Co., Ltd. www.cn.jura.com – t 0086 21 62940690 Roger Federer JURA Brand Ambassador since 2006 Hong Kong: Pacific Coffee Company Ltd. www.pacificcoffee.jura.com t 00852 2805 1627 ހ௬ ࠤ ๚ C o v e r S t o r y Ruled By Law China and its politico-legal system need a «Chinese understanding», says Prof. Harro von Senger Interview, Fabian Gull, Editor in Chief "The prevalent ideology of the Communist Party is not Confucianism, but MarxismLeninism!" Copyright:(c) business bestseller - Günther Reisp Harro von Senger, rule of law is commonly understood as “no one stands above the law”. Is this true for China? Actually not, this is not true today as it was not true in the past. In this respect, no fundamental change took place since 1949. As in all the years since 1949, the Communist Party of China (CPC) is above the law today. Gan Chaoying, a specialist of Chinese constitutional law and professor at the renowned Beijing University con¿rms this fact when he says: “Since the more than 50 years when Mao Zedong has founded the People‘s Republic of China the essence of the Chinese state has not fundamentally changed”. Since 1949, the PRC is characterized by a dual authority. There is the State authority with the state organs such as parliament, government, law courts etc., and there is the CPC authority with the CPC organs of different levels. The CPC is above the Chinese state. According to the dual structure of the authority in China, there exists a dual structure of of¿cial norms in this state. On the one side, there are the Party norms, and on the other side, there are the State norms, i.e. “the law”, emanating from state bodies such as the National People’s Congress, the State Council and so on. The Party norms - especially the political line, the dual norms and the policies of the CPC are above the state norms. The law is basically used as an instrument to implement the Party norms. The CPC needs the law for transforming the Party norms which only bind some 75 million CPC members into State norms binding all 1.3 billion citizens of the country. As long as there does not exist a “Law regulating the relations between the organs of the Communist Party and the State organs” the CPC will continue to be above the law. Do you think the prevalent ideology of Confucianism in China does negatively affect the establishment and development of the rule of law? The prevalent ideology of the Communist Party of China is not Confucianism, but Marxism-Leninism! “CPC” does not mean “Confucianist Party of China”, but “Communist Party of China” (laughing). Then, does the Chinese concept of Marxism-Leninism which you call “Sinomarxism” affect the establishment and development of the rule of law? Clearly yes. It inÀuences the establishment and development or, more precisely, the non-establishment and nondevelopment of the liberal Western rule of law. The law is considered in a Marxist way as an instrument for the implementation of the Party norms. Therefore, the instrumental function of the law prevails. The law is a means by which the CPC 7 C o v e r S t o r y ހ௬ ࠤ ๚ The lion - a Chinese symbol of dignity and power. 123RF tries to attain its objectives. No wonder that the of¿cial China-made English translation of a paragraph added to Article 5 of the Chinese Constitution by the National People’s Congress on March 15, 1999, goes as follows: “The People’s Republic of China governs the country according to law and makes it a socialist country ruled by law”. Westerners are inclined to see a commitment towards the liberal Western concept of the rule of law in this article. However, I was told by a Beijing law professor that the Chinese translators of this paragraph intensively discussed the question whether or not the term “rule of law” should be used in the English translation of this paragraph. After a long and hot discussion, the proposal to use the term “rule of law” was rejected. When I speak about “rule by law”, it is not my invention, but I take over the of¿cial formulation, because I think it reÀects the legal reality in the PRC better than the term “rule of law”. Are there indigenous traditional Chinese roots for the view of the law to be an instrument for achieving political ends? There are. I would like to mention the ancient School of Law (fajia) (ca. 5th to third century B.C.) which upheld more or less the same doctrine as the modern Marxists: Law is a tool in the hand of the ruler who is above the law. What is the connection - if any - between Confucianism and rule by law? I do not think that Confucianism has anything to do with this matter, except maybe 8 inasfar as Confucianism considered the law as a tool too, not for achieving political ends but for restoring the cosmic-social order endangered or troubled by criminals. According to Western understanding, the social development of a society is forcefully linked to a well functioning jurisprudence based on the rule of law. In the past 30 years, China kind of proved the world the opposite with its tremendous social changes. An antagonism? No. The experience of China simply shows the relativity of the “Western understanding” you are referring to. China needs a «Chinese understanding », not a «Western understanding». “Chinese understanding” is ¿rst of all based on the careful studying of publications of the CPC and the PRC. One should for instance read earnestly the Statute of the CPC and the Constitution of the PRC. In China, there is a “rule of Party norms” and Westerners should get aware of this particularity. They should especially pay attention to the highest, to the top Party norm, i.e. the political line. The political line of the CPC consists of only one sentence grasping the “principal contradiction”. The “principal contradiction” de¿ned by the political line of the CPC is published in the Statute of the CPC, a document which apparently no Westerner wants to take seriously. At the present stage, the principal contradiction in Chinese society is one between the evergrowing material and cultural needs of the people and the low level of production. The solution of the principal contradiction is called “the principal task of the Chinese people” and conceived as a long lasting process which continues during the whole period of “the initial stage of socialism” and goes on till the year 2049. The whole process is labelled “socialist modernization”. In the West, “socialist modernization” is not so often mentioned. It is “reform and opening” which fascinate Westerners enormously because they think that “reform and opening” are an end in itself. However, “reform and opening” are, according to the CPC, only a means to carry through the “socialist modernization”: Reform and opening up are the “path”, not an aim to a stronger China! What is the main de¿ciency of a “Western understanding” of China? Knowing just the Chinese law is not enough! Westerners should not look at China with Western “juricentric”, “monolegal” eyes always being hypnotized by the Chinese law only. This “Western understanding” does not take notice of the “political line of the CPC”, and it never mentions the “principal contradiction.” But without analyzing these fundamental elements, the PRC and its law are not understandable. For the understanding of these elements, Western theories are of no help, they make people blind with respect to these elements. Why? Because for instance “principal contradiction” is not a term which appears in any Western political or juridical theory. Since Westerners do not have this term in their academic vocabulary, they just do not react to it when they encounter it in Chinese publications. Since the political line, i.e the de¿nition of the principal contradiction, was ހ௬ ࠤ ๚ stable during the last 30 years, the development of the law which depends on the Party norms was stable too. The development of the PRC since 1978 was not interrupted by sudden shifts of the Party norms. What is most important: the political line remained untouched since 1978. This was the big stabilizing factor during the last three decades. However, in the past 31 years, the Chinese leaders, while pursuing the solution of the principal contradiction, did focus too much on the satisfaction of the “ever growing material needs” of the Chinese people which they interpreted in a very narrow way. It was enough for them that the economy developed statistically well in order to be convinced that the solution of the principal contradiction is on a good way. The term “material needs of the people” in the of¿cial de¿nition of the principal contradiction was not interpreted for instance in a way where the need for a healthy environment was included. There was furthermore the tendency to neglect the “cultural needs” which are put within the de¿nition of the principal contradiction on the second place after the “material needs”. What is the implication? The consequence is that while the “principal contradiction” with respect to purely economic growth was effectively tackled during the last 31 years, many so-called secondary contradictions were more or less overlooked. This threatens the sustainability of the successes attained until now with respect to that part of the principal contradiction which was solved rather successfully. Only recently the leaders of the PRC began to get aware of the importance of some “secondary contradictions” such as the contradiction between the heavy damages inÀicted to the environment through the economic development and the need to safeguard the environment. Therefore, they started to speak about a “harmonious society” which shows their insight into the lack of harmony in the Chinese society caused by some important but neglected “secondary contradictions”. What are the historical milestones regarding “Rule by Law” in China? Well, I don't consider for example the WTO accession as a big milestone because it affects trade law only. And neither is the recognition of private ownership, which was always the case, although in an extremely limited way under Mao Zedong. Even today, private ownership is very limited in the PRC: not even one square millimeter of land is in private property. The historical milestone regarding the establishment of the rule by law in the last 31 years was the shift from the principal contradiction of the years 1949-1976/78 reÀected by the “class struggle” of the “proletariat” against the so called “bourgeoisie” to the new principal contradiction mentioned above! The principal contradiction during the period 1949-1976/78 to be solved by and non ending “class struggle” was managed in a violent, mostly lawless way. Law and human rights were of¿cially condemned as obstacles of the “class struggle”. From 1975 till 1977, I studied as of¿cially dispatched Swiss exchange student at Beijing University, I often asked about the law. What do you think was the reaction to my questions? Just laughter! The Chinese found my law-oriented questions ridiculous. At that time, the PRC was only guided by Party norms issued mostly by Mao Zedong personally. It was a lawless, but not a normless period. There existed a political line, a de¿nition of the main contradiction, and there existed dual norms and policies of the CPC. The new principal contradiction in force since 1978 to be solved by “socialist modernization” requires a good order of the Chinese society, and this can only be guaranteed through law and even by a certain protection of some human rights of the Chinese citizens. No wonder, that a human rights paragraph was included into the Chinese constitution in 2004. In order to motivate the Chinese people to concentrate all energy to strive for the “socialist modernization”, the people could no longer be terrorized as it was the case during the period of the “class struggle”. The Western “capitalists” would not dare to invest in the PRC and to transfer their intellectual property and their knowhow to this country without an appropriate juridical system legalizing their business activities and guaranteeing their ¿nancial interests in the PRC. Evidently, the main milestone for the emergence of the rule by law period since 1978 was the change of de¿nition of the principal contradiction. C o v e r S t o r y Among lawyers, Chinese laws have a reputation of not being written in the clearest manner. Basically, it is true. There are several reasons for this phenomenon: Firstly, since the PRC is a very big country, legal norms are sometimes written in an abstract way so that they can be interpreted differently in different regions. Secondly, the reality often runs ahead of the law. If the legal norms are very abstract, it is easier to interprete them with respect to new situations which at the time of the promulgation of the law were not yet given. Thirdly, there are not only laws in the strict sense of the word enacted by the National People’s Congress or its Standing Committee but also legal documents of lower levels such as for instance rules issued by ministries. With the increasing grade of subalterness of the state organs elaborating legal or policy rules, their concreteness and clearness augments. If a law must be established, it uses a non re¿ned terminology so that it is easily applicable; after a certain test period, when practical experiences with the law can be evaluated, a more precise law might be elaborated. Lastly, sometimes, legal norms seem to me to be written in an unclear way for stratagemical purposes. For instance, in Article 36 of the Chinese Constitution, it is said: “The state protects normal religious activities.” The word “normal” which is not de¿ned in the Constitution gives to the authorities an almost limitless freedom of interpretation. Whatever their interpretation in a concrete case is, they can always argue that they act according to the constitution. Westerners who do not know the stratagemical aspect of Chinese law denounce its “arbitrariness”. That is often not really the point. I am inclined to say that the Chinese lawgiver intentionally inserted the word “normal” in order to enable the authorities “to ¿sh in troubled waters” (stratagem no 20 in the catalogue of the 36 stratagems) and thus to be always in absolute command of every possible situation. How independent are judges? As it is prescribed in the Constitution of the PRC, all citizens of the PRC, also the judges, must uphold the leadership of the Communist Party of China. Furthermore, as state functionaries, they must master Sinomarxism in order to be able to analyze and solve problems from a Marxist 9 C o v e r S t o r y ހ௬ ࠤ ๚ “proletarian” standpoint (lichang), from a Marxist “materialistic” perspective (guandian) and using a Marxist “dialectical” methodology (fangfa). Therefore, judges are, of course, working under the guidance of the Communist party of China and the respective Party committees. What are the most critical points regarding rule of law in China? As long as the PRC is under the rule of the CPC, the Chinese concept of “rule by law” is, in my eyes, not developing towards the Western liberal “rule of law”. Such a transformation is not intended by the Chinese leaders. What they want is to perfect the rule by law. When there are speci¿c legal technics they can learn for this purpose from the Western liberal rule of law concept and its practice, they will take them over eagerly. But the concept as a whole is considered as incompatible with the PRC. The “most critical point” is thus the rule of the CPC. What is your outlook Mr. von Senger? Deng Xiaoping said about the basic line of the CPC: “Adhere to the Party's basic line for 100 years without wavering”. The 100 years he was speaking about are the hundred years from 1949 when the PRC was founded till 2049. During the past 31 years, the CPC has already uphold this “basic line” without wavering . I think that these long past experience with the “basic line” nourishes the hope that it will be upheld for another thirty years. This “basic line” which incorporates the fundamental political commitment of the CPC seems to me to be a rather solid fundament for further Western business activities with China over a long time. Literature: • Harro von Senger: Recent Developments in the Relation between State and Party Norms in the PRC, in: Stuart R. Schram (Ed.): The Scope of State Power in China, St. Martin’s Press, London/Hong Kong 1985, p. 171-207. • Harro von Senger: Einführung in das chinesische Recht, Verlag C.H. Beck, München 1994 • Harro von Senger: Von der Vergleichung des Rechts zur Vergleichung der Gesellschaftsführung: Deutsche Hauptmahlzeit und chinesische Nachspeise, in: Zeitschrift für Rechtsvergleichung, Wien 2006/ No. 7, p. 43-62 • Harro von Senger: 36 Stratagems for Business, London 2006 www.36strategeme.eu www.supraplanung.eu Harro von Senger is a leading western expert in sinology and Chinese law. Born as citizen of Geneva in 1944, he has doctorates in both law and classical sinology, and is a professor of sinology at the University of Freiburg (Germany) and expert for Chinese law at the Swiss Institute of Comparative Law in Lausanne (Switzerland). He is also the author of several books and journal articles, among which his books on the 36 stratagems have gained attention by a broad public. These 36 stratagems are a set of powerful Chinese aphorisms embodying the essence of the ancient Chinese art of cunning. Confucianism is a Chinese ethical and philosophical system developed from the teachings of the Chinese philosopher Confucius ( lit. "Master Kung", 551–479 BCE). Confucianism is a complex system of moral, social, political, philosophical, and quasi-religious thought that has had tremendous inÀuence on the culture and history of East Asia. The basic teachings of Confucianism stress the importance of education for moral development of the individual so that the state can be governed by moral virtue rather than by the use of coercive laws. Kolumnen aus Fernost Trotz der durch die Globalisierung entstandenen Nähe Asiens zum Westen sind markante kulturelle Unterschiede zwischen beiden Welten geblieben. Einer, der diese Entwicklung aus nächster Nähe mitverfolgt hat, ist der DRS-Korrespondent Peter Achten. In seinen Kolumnen thematisiert er diese Fragen und untersucht darüber hinaus, worin sich West und Ost unterscheiden und wo es Gemeinsamkeiten zu entdecken gibt. Seine Antworten zeugen von grosser Sachkompetenz und sind zum Teil sehr überraschend. Peter Achten Süss & Sauer Kolumnen aus Asien 256 Seiten, mit Illustrationen von Zhu Wei Hardcover CHF 29.80, EUR 21.– ISBN 978-3-7245-1550-0 Im Buchhandel oder im Internet unter www.reinhardt.ch 10 ހ௬ ࠤ ๚ C o v e r S t o r y ᅜ݆ܸዎ Harro von Sengerঞණྺዐࡔतഄአዎ݆ୱ༹ဣ Ⴔᄲᅃ߲Đዐࡔ๕ڦđ 䆓䇜ˈᮍᖙᅝˈᴀߞЏ㓪 of lawāⱘᦤ䆂㹿假ಲњDŽᔧ៥ᦤࠄĀrule by lawāᯊˈ䖭ᑊϡᰃ៥ⱘথᯢˈ㗠ᰃ៥Ңᅬᮍⱘ 㸼䖒Ёᣓ䖛ᴹⱘˈ៥䅸Ў䎳Ārule of lawāⳌ ↨ˈᅗདⱘডњЁⱘ⊩ᕟ⦄⢊DŽ ኄዖ๑ᆩ݆ୱ߾ਏڟٳአዎణ࠵ڦڦޏᆶ గၵዐࡔࠦᆶدڦཥߵᇸ఼Ǜ ᰃ᳝䖭ḋⱘḍ⑤DŽ៥ᛇ䇈ⱘᰃЁᮽᳳⱘ⊩ᆊ ˄݀ࠡܗ5Ϫ㑾㟇݀ࠡܗ3Ϫ㑾˅ᣕ᳝Ϣ⦄ҷ偀 ܟᗱЏНᏂϡⳌৠⱘᄺ䇈˖⊩ᕟᰃޠ偒Ѣ⊩ ᕟПϞⱘ㒳⊏㗙ЁⱘᎹDŽ Copyright:(c) business bestseller - Günther Reisp ශॆາၙᇑᅜ݆ܸዎኮक़ሹᄣڦဣ఼Ljස ࡕᆶࣆڦǛ ៥ᑊϡ䅸ЎۦᆊᗱᛇϢᅗ᳝݇㋏ˈ䰸䴲ۦᆊᗱ ᛇгᇚ⊩ᕟᔧ៤ϔ⾡ᎹˈϡᰃЎњ䖒ࠄᬓ⊏ Ⳃⱘ㗠ᰃЎњ㓈ᡸফ㔾⢃࿕㚕ᡄхⱘᅛᅭ⼒ Ӯⱘ⾽ᑣDŽ Harro von SengerঞLj݆ዎԥՓྺ Đுᆶඪࢆටଲ॑ᇀ݆ୱኮฉđăሞዐࡔᄺ සُǛ ϡᰃDŽ᮴䆎ᰃҹࠡ䖬ᰃ⦄䖭হ䆱Ё䛑ϡᰃ ᅲ䰙ᚙމDŽ䖭ᮍ䴶ˈ㞾1949ᑈҹᴹ≵᳝থ⫳ ḍᴀⱘᬍবDŽབৠ1949ৢⱘ䖭ѯᑈϔḋˈҞ ණྺዐࡔශॆາၙฺڦႜ݆ܔޏዎॺڦ૬ ᇑ݀ቛᆶၩटڦᆖၚ఼Ǜ Ё݅ѻⲯܮ㸠ⱘᗱᛇϡᰃۦᆊᗱᛇˈ㗠ᰃ偀 ܟᗱ-߫ᅕЏНʽЁⱘܮϡᰃĀЁۦᆊܮā 㗠ᰃĀЁ݅ѻܮā˄ュ˅DŽ Ё݅ѻܮҡ✊ޠ偒Ѣ⊩ᕟПϞDŽЁᅾ⊩ϧᆊ ঞ㨫ৡⱘ࣫Ҁᄺᬭᥜ⫬䍙㣅ⱘ⫳ܜ䆱˖Ā㞾↯ ⋑ϰᓎゟЁढҎ⇥݅50ᑈᴹˈЁᆊ ఫLjԥྺĐዐࡔڦகਖ਼າዷᅭđڦகਖ਼ າ-ଚౢዷᅭࣷޏᆖၚዐࡔ݆ዎॺڦ૬ᇑ݀ቛ ఼Ǜ ⱘᴀ䋼≵᳝ḍᴀⱘᬍবā㚃ᅮњ䖭ϔџᅲDŽ 㞾1949ᑈҹᴹˈЁढҎ⇥݅ҹঠ䞡 ᴗ࿕Ў⡍⚍DŽᢹ᳝ࣙᣀࡵ䰶ǃᬓᑰঞ⊩䰶ㄝ ᕜᰒ✊ᰃ䖭ḋⱘDŽᅗᕅડⴔ⊩⊏ⱘᓎゟϢথ ሩˈ㗙⹂ߛഄ䇈ᰃՓ㽓ᮍ㞾⬅ⱘ⊩⊏ϡ㛑 ᆊᴎ݇ⱘᆊᴗ࿕ˈгᢹ᳝ࣙᣀϡৠ㑻߿݅ ѻܮᴎᵘⱘЁ݅ѻܮᴗ࿕DŽЁ݅ѻޠܮ偒 ѢЁᆊПϞDŽ⬅ѢЁᄬঠ䞡ᴗ࿕㒧 ᵘˈгህ᳝ঠ䞡ᅬᮍ߭ޚ㒧ᵘDŽϔᮍ䴶ᰃⱘܮ ˈ߭ޚϔᮍ䴶ᰃᆊˈ߭ޚབĀ⊩ᕟāˈᅗ ⑤㞾ѢབܼҎ⇥ҷ㸼Ӯࡵ䰶ㄝDŽⱘܮ ߭ޚüᇸ݊ᰃᬓ⊏䏃㒓ˈঠ䞡߭ޚҹঞЁ݅ ѻⱘܮᬓㄪüޠ偒Ѣᆊ߭ޚПϞDŽ ҢḍᴀϞᴹ䇈ˈ⊩ᕟᰃ⫼ᴹᠻ㸠߭ޚⱘܮ ᓎゟϢথሩDŽ偀ܟᗱЏН䅸Ў⊩ᕟᰃᠻ㸠ⱘܮ ⱘ߭ޚᎹDŽℸˈ⊩ᕟЎᎹࡳⱘ㛑ᠡӮ 㹿᱂䘡Փ⫼DŽ⊩ᕟᰃЁ݅ѻܮᅲ⦄݊Ⳃᷛⱘ Ꮉ⧚ˈ᠔ᔧ✊ⱘˈ1999ᑈ3᳜15᮹⬅ܼ Ҏ⇥ҷ㸼ӮࡴЁᅾ⊩ѨᴵЁϔ↉ᴵ ᭛ⱘᅬᮍ㣅᭛㗏䆥㸼䗄Ў˖ĀThe People’s Republic of China governs the country according to law and makes it a socialist country ruled by law”DŽ 㗠㽓ᮍҎᏠᳯ ᴀゴЁⳟࠄⱘᰃϔ⾡ҷ㸼㽓ᮍ㞾⬅㾖ᗉⱘ⊩ࠊ ⱘᎹDŽЁ݅ѻܮ䳔㽕⫼⊩ᕟᇚ㾘㣗750ϛ ܮਬⱘ߭ޚⱘܮ䕀ব៤㾘㣗13ғЁҎ⇥ⱘ ᆊ߭ޚDŽা㽕≵᳝Ā㾘㣗݅ѻܮᴎᵘϢᆊᴎ ⱘথሩDŽ ✊㗠ˈ࣫Ҁⱘϔԡ⊩ᕟᬭᥜ᳒ਞ䆝៥ˈ Ёⱘ㗏䆥ᆊӀ㗏䆥䖭ϔ↉ᯊ䖬ϧ䮼䅼䆎њ ᵘ䯈݇㋏ⱘ⊩ᕟāᄬˈЁ݅ѻܮᇚ㒻㓁ޠ 偒Ѣ⊩ᕟПϞDŽ Ārule of lawā䖭Ͼ䆡䇁ᰃ৺ᑨ䆹⫼䖭↉ⱘ㣅 ᭛㗏䆥䞠DŽ㒣䖛䭓ᯊ䯈▔⚜ⱘ䅼䆎ˈՓ⫼Ārule ӀቷဇڦݛLjมࣷ݀ڦቛՂᇑᅃ߲ଆ ࡻڦĂएᇀ݆ዎ݆ڦୱ༹ဣഽᆶ૰ںဣሞᅃ ഐڦăሞࡗඁڦ30Ljዐࡔຼࢭཚࡗഄ ڦٷมࣷՎ߫ၠ๘হኤକ၎ڦݒăኄ ܔᇀဇݛڦǛ ϡᰃDŽЁⱘ㒣偠ϢԴ᠔ᦤࠄњĀ㽓ᮍⱘ⧚ 㾷ā᳝ⳌᇍᗻDŽЁ䳔㽕ϔϾĀЁᓣⱘ⧚ 㾷āˈ㗠䴲Ā㽓ᮍⱘ⧚㾷āDŽĀЁᓣⱘ⧚ 㾷ā佪ܜᰃѢᇍѢЁ݅ѻܮЁढҎ⇥݅ ߎ⠜⠽ⱘҨ㒚ⷨ䇏ⱘ⸔ϞⱘDŽ↨བ䇈䅸 ⳳⷨ䇏Ё݅ѻܮⱘܮゴҹঞЁⱘᅾ⊩DŽ Ё᳝ϔϾ㽓ᮍҎ䳔㽕њ㾷ⱘ⡍⅞ᗻˈህᰃ Ā߭ޚⱘܮ㒳⊏āDŽ㽓ᮍҎ䳔㽕ᇸ݊⊼ᛣⱘܮ ᳔催߭ޚǃ佪㽕ˈ߭ޚབᬓ⊏䏃㒓DŽЁ݅ѻ ⱘܮᬓ⊏䏃㒓⬅ϔহ䆱㒘៤ˈ䖭হ䆱㋻ᡧĀЏ 㽕ⳒāDŽЁ݅ѻⱘܮᬓ⊏䏃㒓Ё᠔ᅮНⱘ ĀЏ㽕Ⳓāথ㸼Ё݅ѻܮⱘܮゴ䞠䴶ˈ ᕜᰒ✊≵᳝㽓ᮍҎᜓᛣ䅸ⳳᇍᕙ䖭ϾܮゴDŽ㗠 Ё⼒ӮⳂࠡⱘЏ㽕ⳒᰃҎӀϡᮁ䭓ⱘ⠽ 䋼᭛࣪䳔㽕Ϣ㨑ৢⱘ⼒Ӯ⫳ѻП䯈ⱘⳒDŽ ĀЁҎ⇥ⱘḍᴀӏࡵāᰃЏ㽕Ⳓⱘ㾷ࡲއ ⊩ˈЁ䅸ЎЏ㽕Ⳓᇚᣕ㓁ϔϾ䭓ᳳⱘ䖛 ˈ䌃こѢᭈϾĀ⼒ӮЏНⱘ߱㑻䰊↉āⳈ㟇 2049ᑈDŽ䖭ᭈϾ䖛㹿⿄ЎĀ⼒ӮЏН⦄ҷ ࣪āDŽ㗠㽓ᮍᑊϡӮ㒣ᐌᦤࠄĀ⼒ӮЏН⦄ ҷ࣪āˈᇍ㽓ᮍҎ᳝ᎼᓩⱘᰃĀᬍ䴽ᓔ ᬒāˈЎҪӀ䅸ЎĀᬍ䴽ᓔᬒāህᰃⳂᷛᴀ 䑿DŽ✊㗠ˈĀᬍ䴽ᓔᬒāᇍѢЁ݅ѻܮᴹ 11 C o v e r S t o r y ހ௬ ࠤ ๚ 䇈াᰃᅲ⦄Ā⼒ӮЏН⦄ҷ࣪āⱘϔ⾡䗨ᕘ˗ Āᬍ䴽ᓔᬒāাᰃĀ䗨ᕘāˈϡᰃᔎⱘЁ ⱘⳂᷛʽ ᴀϞ᮴⊩ⱘᮍᓣ㾷އDŽ⊩ᕟϢҎᴗ㹿䈈䋷Ў Ā䰊㑻᭫ѝāⱘ㒞㛮DŽ Ң1975ᑈࠄ1977ᑈˈ៥ҹ⨲ᅬᮍ⌒䘷Ѹ 㗠ᘏᰃৃҹᇍӏԩৃ㛑ߎ⦄ⱘሔ䴶᳝ᅠܼⱘ ᥠDŽ ᤶ⫳ⱘ䑿ӑህ䇏Ѣ࣫Ҁᄺˈᑊᇍ⊩ᕟ᳝ᕜ⭥ ݆࠳܀ڦ૬Ⴀᆶ఼ٷܠǛ ܔᇀዐࡔڦĐဇڦݛđڦዷᄲփፁኮت ఼๊Ǜ 䯂DŽԴ⣰ᔧᯊҎӀᇍ៥ⱘ䯂乬ⱘডᑨᰃҔМ˛া ᰃఆュ㗠ᏆʽЁҎ䅸Ў៥ⱘ⊩ᕟЏᇐⱘ䯂乬ᰃ ℷབЁᅾ⊩Ё㾘ᅮⱘˈ᠔᳝ⱘЁ⇥ˈ ࣙᣀ⊩ᅬˈ䛑㽕ᢹᡸЁ݅ѻⱘܮ乚ᇐDŽℸ ҙҙњ㾷Ёⱘ⊩ᕟᰃϡⱘʽ㽓ᮍҎϡᑨ䆹 ⫼㽓ᮍⱘĀҹৌ⊩ЎЁᖗāǃĀҹ⊩ᕟЎ㒳 ৃュⱘˈ㗠ᔧᯊⱘЁᰃ䚼ߚ⬅↯⋑ϰϾҎ ˈЎᆊⱘ㘠㛑䚼䮼ˈҪӀᖙ乏ᥠᦵЁ ⱘ偀ܟᗱЏНˈߚᵤϢ㾷އ䯂乬ⱘᯊҹ偀 ܟᗱЏНĀ᮴ѻ䰊㑻āЎゟഎˈҹ偀ܟᗱЏН ϔāⱘⴐˈܝҙҙ≝䗋ѢЁⱘ⊩ᕟDŽ䖭⾡ Ā㽓ᮍⱘ⧚㾷ā≵᳝⊼ᛣࠄĀЁ݅ѻⱘܮᬓ ⊏䏃㒓āˈгҢᴹ≵᳝ᦤঞ䖛ĀЏ㽕ⳒāDŽ Ԛᰃབᵰϡᇍ䖭ѯᴀ㽕㋴䖯㸠ߚᵤˈЁঞ ݊⊩ᕟ䛑ᰃϡৃ⧚㾷ⱘDŽ㽓ᮍⱘ⧚䆎⧚㾷䖭 ѯ㽕㋴Ϟ≵᳝ϔ⚍ᐂࡽˈাӮՓҎӀ᮴㾚䖭ѯ 㽕㋴DŽЎҔМਸ਼˛ЎڣĀЏ㽕Ⳓā䖭ḋⱘ 䆡䇁ϡӮߎ⦄ӏԩ㽓ᮍⱘᬓ⊏⊩ᕟ⧚䆎 ЁDŽ⬅Ѣ㽓ᮍҎⱘᄺᴃ䆡Ё≵᳝䖭Ͼ䆡 䇁ˈᔧҪӀЁⱘߎ⠜⠽Ё⺄ࠄᅗᯊгህϡ Ӯ᳝ӏԩডᑨDŽ ⬅Ѣ䖛এ30ᑈ䞠ˈᬓ⊏䏃㒓ЁབЏ㽕 ⳒⱘᅮН≵᳝ᬍবˈձ䌪Ѣ⊩ⱘ߭ޚⱘܮᕟথ ሩгᕜ〇ᅮDŽ㞾1978ᑈҹᴹЁⱘথሩ≵᳝ফ ࠄ߭ޚⱘܮさ✊ব࣪ⱘᕅડˈ᳔䞡㽕ⱘᰃ˖㞾 1978ᑈҹᴹᬓ⊏䏃㒓≵᳝ᬍবDŽ䖭ᰃЁ䖛 এ30ᑈথሩ䞠ϔϾ䞡㽕ⱘ〇ᅮ㋴DŽ ✊㗠ˈ䖛এⱘ31ᑈ䞠ˈЁ乚ᇐҎᇏ ∖Џ㽕Ⳓⱘ㾷އᮍ⊩ᯊˈᇍѢ䳔∖⧚㾷䖛Ѣ ⣁じˈ䖛ⱘ݇⊼Ѣ⒵䎇ЁҎ⇥Āϡᮁ䭓 ⱘ⠽䋼䳔∖āϞˈᑊ⫼㒳䅵Ϟⱘ㒣⌢䭓᭄ 䆕ᯢ݊㾷އЏ㽕Ⳓⱘᮍ⊩ℷ⹂ˈ䅸Ў䖭ḋህ 䎇њDŽЏ㽕Ⳓⱘᅬᮍ㾷䞞䞠ˈĀҎӀⱘ ⠽䋼䳔∖ā䖭ϔ㸼䖒ᑊϡࣙᣀབعᒋⱘ⦃๗ ⱘݙ䳔∖DŽℸˈԡѢЏ㽕ⳒᅮНЁⱘĀ⠽ 䋼䳔∖āПৢⱘĀ᭛࣪䳔∖āгህ㹿ᗑ⬹њDŽ ኄᅪ࿆ጣ఼๊Ǜ 䖭ḋⱘخ㒧ᵰህᰃ䖛এⱘ31ᑈ䞠ˈᔧĀЏ㽕 ⳒāЁऩ㒃⍝ঞ㒣⌢䭓ⱘⳒᕫҹ᳝ᬜ㾷 އᯊˈ㹿㕂ѢѠԡⱘⳒᇥⱘ㹿ᗑ⬹ њDŽᅗ࿕㚕њ䖘ҞЎℶЎ㾷އЏ㽕Ⳓⱘϔ䚼 ߚ᠔পᕫ៤ᵰⱘৃᣕ㓁ᗻDŽⳈࠄ᳔䖥ˈЁⱘ 乚ᇐҎᠡᓔྟᛣ䆚ࠄĀ㽕Ⳓāⱘ䞡㽕ᗻˈ བ㒣⌢থሩᏺᴹⱘᇍ⦃๗ⱘϹ䞡⸈ണϢֱᡸ⦃ ๗П䯈ⱘⳒDŽℸˈҪӀᓔྟᇐĀ䇤 ⼒Ӯāˈ䖭㸼ᯢҪӀᏆ⋲ᙝᗑ⬹ᥝᶤѯ䞡㽕ⱘ Ā㽕ⳒāՓ⼒Ӯ㔎У䇤DŽ ዐࡔĐᅜ݆ܸዎđ݀ቛڦ૦๏ႠײԘ๊Ǜ ៥䅸ЎࡴܹWTOϡ㛑ЎϔϾ䞠üЎᅗ ҙҙᕅડњЁⱘ䌌ᯧ⊩DŽᔧ✊гϡᰃܕ䆌⾕᳝ ࠊᄬˈሑㅵᅗᘏᰃᄬˈᑊ↯⋑ϰᯊᳳফࠄ њᵕッⱘ䰤ࠊDŽⳈࠄҞˈ⾕᳝ࠊЁ䖬ᰃᕜ ᳝䰤ⱘ˖≵᳝ϔᑇᮍ↿㉇ⱘೳഄᰃ⾕᳝ⱘDŽ 䖛এ31ᑈ䞠ৃҹЎҹ⊩㗠⊏ᓎ䆒ग़ ᗻ䞠ⱘˈᰃҢ1949-1976/78ᑈҹĀ᮴ѻ䰊 㑻āϢĀ䌘ѻ䰊㑻ā䯈ⱘĀ䰊㑻᭫ѝāЎЏ㽕 Ⳓ䕀বЎࠡ䴶᠔ᦤࠄⱘᮄⱘЏ㽕ⳒDŽ 1949-1976/78ᑈᳳ䯈ⱘЏ㽕Ⳓ㽕䗮䖛 ↿᮴ℶ๗ⱘĀ䰊㑻᭫ѝā㾷ˈއᑊҹᵕッⱘǃ 12 乕Ꮧⱘⱘ߭ޚⱘܮᓩᇐПϟⱘDŽ䙷ᰃϔϾ᮴⊩Ԛ ᑊ䴲᮴ⱘ߭ޚᯊᳳˈ᳝ᬓ⊏䏃㒓ˈ᳝Џ㽕Ⳓⱘ ᅮНˈঠ䞡߭ޚҹঞЁ݅ѻⱘܮᬓㄪDŽ 㞾1978ᑈᓔྟⱘᮄⱘЏ㽕Ⳓ㽕䗮䖛Ā⼒ ӮЏН⦄ҷ࣪ā㾷ˈއᅗ㽕∖ϔϾ᳝㡃ད⾽ᑣ ⱘЁ⼒Ӯˈ䖭ህা㛑䗮䖛⊩ᕟ⫮㟇ᰃᶤ⾡ ᑺϞֱᡸЁ݀⇥ⱘҎᴗᴹᅲ⦄DŽℸˈᔧϔ↉ ݇ѢҎᴗⱘ㸼䗄ܹݭЁᅾ⊩2004ᑈׂℷḜᯊ гህϡ䎇Ў༛њDŽЎњ▔ࢅЁҎ⇥䲚Ё䞣ᅲ ⦄Ā⼒ӮЏН⦄ҷ࣪āˈЁҎ⇥ݡϡৃ㛑㒣ग़ ڣĀ䰊㑻᭫ѝāᯊᳳ㠀ⱘ䙁䘛њDŽ 䰙㟲ৄϞˈĀ⼒ӮЏН⦄ҷ࣪ā㽕∖Ϣܼ ⧗ᓎゟĀ㘨ড়䰉㒓āüབᵰৃ㛑ⱘ䆱üϢϪ⬠ ᠔᳝ⱘĀ䌘ᴀᆊāˈᇸ݊ᰃᢹ᳝ܜ䖯ᡔᴃⱘ㽓 ᮍϪ⬠ᓎゟĀ㘨ড়䰉㒓āDŽЁ哧ࢅҪӀᐂࡽ Ёᅲ⦄Ā⼒ӮЏН⦄ҷ࣪āˈԚ㽓ᮍⱘĀ䌘 ᴀᆊāϡᬶЁᡩ䌘ˈϡᬶᇚⶹ䆚ѻᴗᡔ ᴃ䕀⿏㒭䖭Ͼ≵᳝䗖ᔧⱘৌ⊩㋏㒳ֱ䱰ҪӀⱘ Ϯࡵড়⊩࣪ᑊֱ䱰ҪӀ㒣⌢߽ⲞⱘᆊDŽᕜᰒ ✊ˈ㞾1978ᑈߎ⦄ⱘҹ⊩㗠⊏ᯊᳳⱘ䞡㽕䞠 ህᰃЏ㽕ⳒᅮНⱘᬍবDŽ ୱ்Փණྺዐࡔ݆ڦୱཉ࿔ࡀݔժփๆݴ ൣညă ᴀϞᰃ䖭ḋⱘDŽߎ⦄䖭⾡⦄䈵ⱘЏ㽕᳝Ͼ ॳ˖佪ˈܜЁᰃϔϾᕜⱘᆊˈЎњ ϡৠⱘഄऎৃҹᇍ⊩ᕟ᳝ϡৠⱘ㾷䇏ˈ⊩ᕟޚ ߭ᘏᰃ᪄ݭᕫᕜᢑ䈵DŽ݊ˈџᅲᘏᰃܜѢ⊩ ᕟথ⫳DŽ⊩ᕟ߭ޚᕜᢑ䈵ⱘ䆱ˈᔧߎ⦄ᇮ᳝ Ⳍ݇⊩ᕟ㾘㣗ⱘᮄᚙމᯊˈेৃᣝ✻⦄᳝⊩ᕟ Ⳍᑨ㾷䇏DŽϝˈЁϡҙ᳝ܼҎ⇥ҷ㸼 Ӯঞ݊ᐌྨӮ݀ᏗⱘϹḐᛣНϞⱘ⊩ᕟˈг ᳝ϟ㑻䚼䮼བ䚼ྨ݀Ꮧⱘ⊩ᕟ᭛ӊDŽ䱣ⴔ ᆊᴎᵘЁϟ㑻䚼䮼䯤䗄⊩ᕟᬓㄪ㾘㣗ᮍ 䴶ϡᮁᦤ催ˈҪӀⱘ㊒⹂ᑺϢ⏙᱄ᑺгህϡᮁ DŽḍЁ偀ܟᗱЏНⱘଃ⠽ЏН㾖⚍ˈ ⶹ䆚ᴹ⑤Ѣ⼒Ӯᅲ䏉˗䳔㽕⊩ᕟ㾘㣗ⱘⳌ݇ ݙᆍЁˈᅲ䏉Ѻेⶹ䆚ᰃ㔎УⱘDŽᔧ᮴䆎བԩ 䳔㽕᳝ᮄⱘ⊩ᕟߎৄᯊˈЎњᔎ݊䗖⫼ᗻˈ Āଃ⠽ЏНāЎ㾖⚍ˈՓ⫼偀ܟᗱЏНĀ䕽 䆕ā⊩DŽℸˈ⊩ᅬгህ⧚᠔ᔧ✊ⱘЁ݅ ѻܮҹঞྨܮӮⱘᣛᇐϟᎹDŽ ዐࡔํ၄݆ዎڦፌ࠲॰ۅ๊ ˛ ៥䅸ЎЁ݅ѻⱘܮ乚ᇐϟˈЁ㾖ᗉЁⱘ Āҹ⊩㗠⊏āϡӮᳱⴔ㽓ᮍ㞾⬅ЏНⱘĀ⊩⊏ā 䕀বDŽ䖭ḋⱘ䕀বᑊϡᰃЁ乚ᇐҎᛇ㽕ⱘDŽҪ Ӏ᠔㽕ⱘᰃᅠҹ⊩㗠⊏DŽᔧ㽓ᮍ㞾⬅ЏНⱘ⊩ ⊏㾖ᗉঞᅲ䏉Ё᳝ৃҹᅲ⦄䖭ϔⳂⱘⱘԧ⊩ᕟ ᡔᴃᯊˈҪӀህӮᕜ䅸ⳳഄᣓᴹᄺдDŽԚᰃ㽓ᮍ ⱘ㾖ᗉЎϔϾᭈԧᇍѢЁ㗠㿔ᰃϡݐᆍⱘDŽ Ā᳔݇䬂⚍āгህᰃЁ݅ѻⱘܮ㒳⊏DŽ von SengerံิLjܔᇀ࿄ઠᆶሹᄣڦቛྭ ఼Ǜ 䙧ᇣᑇ䆆ࠄЁ݅ѻⱘܮᴀ䏃㒓ᯊ䇈˖ Āⱘܮᴀ䏃㒓100ᑈϡࡼᨛDŽāҪ᠔䆆ⱘ100 ᑈᰃᣛҢЁढҎ⇥݅៤ゟࠄ2049ᑈⱘϔⱒ ᑈDŽ䖛এⱘ31ᑈ䞠ˈЁ݅ѻܮമᣕĀ ᴀ䏃㒓āĀϡࡼᨛāDŽ៥ᛇПࠡⱘ㒣偠гՓҎ Ӏᗔ᳝㒻㓁മᣕĀᴀ䏃㒓āⱘᏠᳯDŽ៥䅸Ў 䖭ϔࣙЁ݅ѻܮḍᴀᬓ⊏ᡓ䇎ⱘĀᴀ䏃 㒓āЎ㽓ᮍଚϮ⌏ࡼЁⱘ䭓ᳳথሩᠧϟњ മᅲⱘ⸔DŽ Harro von Senger ᰃϔԡЁ䯂乬ⷨおЁ⊩ᕟᮍ䴶᳝ 乚ᇐഄԡⱘ㽓ᮍϧᆊDŽҪ1944ᑈߎ⫳Ѣ᮹ݙ ⪺ˈᢹ᳝⊩ᄺসЁᄺঠ᭭मᄺԡˈ⦄ ӏᖋᓫ㦅ᄺЁ䯂乬ⷨおᬭᥜˈᰃԡѢ ⨲⋯ḥⱘ⨲↨䕗⊩ⷨお᠔ⱘЁ⊩ⷨおϧ ᆊDŽҪᢹ᳝ᴀ㨫ᑊথ㸼㆛᭛ゴˈ݊Ё݇ ѢЁⱘ36䅵ⱘ㨫ᓩ䍋њӫⱘᑓ⊯݇⊼DŽ ᅗᕔᕔՓ⫼ϔϾ䴲㊒⚐ⱘᴃ䇁DŽ㒣䖛ϔ↉ᯊᳳ ⱘ⌟䆩ˈ䆹⊩ᕟⱘᅲ䏉㒣䖛䆘Ԅˈℸᯊህৃ㛑 Ӯ⫼㊒ⱘޚ䇁㿔ᴹ䯤䗄⊩ᕟDŽ᳔ৢˈ᳝ᯊ៥ 䖭36ᴵ䅵䇟ᰃϔ༫ᬊᔩњЁসҷ䅵䇟᭛࣪ǃ ᳝Ⳍᔧᕅડⱘ䄺হḐ㿔DŽ 䅸Ў⫼㊞ⱘ䇁㿔᪄⊩ݭᕟ㾘㣗ᰃ⾡䇟⬹DŽ↨ བˈЁᅾ⊩36ᴵᣛߎ˖Āᆊֱᡸℷᐌⱘ ශॆາၙ ᅫᬭ⌏ࡼDŽā㗠ᅾ⊩Ёᑊ≵᳝ᇍĀℷᐌāϔ 䆡䖯㸠ᅮНˈ䖭ህ㒭њᔧሔТ≵᳝䰤ࠊⱘ㞾 ⬅ᴹ㾷䇏ᅗDŽ ᮴䆎ҪӀᶤϾԧⱘḜ՟Ёབ ᰃ⬅Ёসҷᄺᆊᄨᄤ˄݀ࠡܗ551ᑈ㟇݀ ԩ㾷䇏ᅗˈҪӀᘏᰃৃҹ⫼ձ✻ᅾ⊩ࡲџᴹ䕽 㾷DŽϡពᕫЁ⊩ᕟ䇟⬹ⱘ㽓ᮍҎᐌᐌᣛ䋷݊ ĀϧᮁāDŽ㗠џᅲᑊ䴲བℸDŽ៥䅸ЎЁⱘ⊩ ᕟࠊᅮ㗙ᬙᛣᇚĀℷᐌāϔ䆡ܹ݊ݭЁˈҹՓ ᔧሔৃҹĀ⌥∈ᩌ剐ā˄36䅵Ёⱘ20䅵˅ˈ ࠡܗ479ᑈ˅ⱘᮑᬭথሩ㗠ᴹⱘϔ⾡Ё䘧ᖋ Ϣᄺԧ㋏ˈᅗЏ㽕䩜ᇍҎⱘ䘧ᖋϢ㸠Ў㾘 㣗DŽۦᆊᗱᛇᰃ㵡ড়њ䘧ᖋǃ⼒Ӯǃᬓ⊏ǃ ᄺǃ㉏ᅫᬭᗱᛇϔ䍋ⱘϔ⾡ᴖⱘԧ㋏ˈᅗ ᇍѢᭈϾϰѮⱘ᭛࣪ग़᳝ⴔ⏅䖰ⱘᕅડDŽ ۦᆊᗱᛇⱘЏ㽕ᗱᛇᔎ䇗ᇍϾҎ䘧ᖋথሩⱘᬭ 㚆ˈҹᅲ⦄⫼䘧ᖋᛳ࣪㗠䴲℺㒳⊏ᆊDŽ C o v e r S t o r y ހ௬ ࠤ ๚ Will Job Losses Lead to Social Unrest? Maintaining social stability remains top concern By Wang Tao, Head of China Economic Research, UBS n the ongoing economic downturn, millions of people are expected to lose their jobs, mostly migrant workers in the export and construction sectors. Will large job losses lead to social unrest in China, as discussed in articles in the staterun media (according to Bloomberg)? Maintaining social stability is the top concern of the Chinese government, and the main reason underlying its 8% growth target. Given the likely magnitude of the economic downturn, especially in the labour intensive export and construction sectors, we expect to see job losses of more than 15 million, or about 3.5% of nonagricultural employment, in the deep trough of the first half of 2009, even though overall GDP growth could still reach 7% for the year. The severe unemployment outlook has increased the risk of social unrest signi¿cantly. Most of the job losses are expected to occur among migrant workers, who are not covered by any formal social safety net, and are often owed back pay up to a year. Migrants have few formal channels to be heard and get compensated, and localized social unrests may be hard to avoid. I Unlikely large-scale unrest Nevertheless, we think large-scale unrest that threatens general social stability and overall investor con¿dence is unlikely. The scale of job losses, as large as it might be, is not really unprecedented in China. Most of the migrant workers do have a family plot of land to fall back to in the rural area. In addition, the government has resources and is expected to try to mitigate the pain of job losses and stabilize income and consumption. Between 1997 and 2002, about 35 million urban workers were laid off (Xiagang), of which about 28 million were stateowned enterprise workers. At that time, China went through a painful period of SOE restructuring just after the economic boom in the mid-1990s collapsed, and the Asian ¿nancial crisis (and later the burst of the ‘dot com’ bubble) slowed China’s export growth signi¿cantly. Most of those laid off workers were not counted as unemployed, and they were given minimum living allowance or entered into early retirement. Adjusting for Xiagang workers, we estimate that the actual unemployment rate was more than 10% in the early part of this decade (see chart). In addition, a total of 20 million migrant workers returned to the agricultural sector between 1998 and 2002, for lack of jobs elsewhere. While job losses in 2009 could potentially rival those in 14 1998, we see a few notable differences. This time around, job losses are expected to be mostly cyclical, and there is no major SOE restructuring in the pipeline. Migrant workers, the biggest category of potential job losers, are less organized compared to SOE workers 10 years ago, and in most cases, have a plot of family land as a social safety net. Even if many migrants do not know how to work the land and cannot be absorbed in agriculture, they can be provided by their family, at least for a while. 0XFKEHWWHU¿VFDOSRVLWLRQ We also expect additional government measures to help stabilize unemployment, and mitigate the negative impact on income and consumption. Compared to 10 years ago, the government is in a much better ¿scal position to deliver relief for unemployed workers, help pay wage arrears, increase spending in rural areas and subsidies to the poor. Policies promoting growth, including more spending on infrastructure construction, and growth in the rural areas and labour intensive industries, should also help to absorb some of the unemployed. One possible risk is that local government may be less concerned about migrants losing jobs than SOE workers, since the former group is less politically powerful, and efforts to provide unemployment relief and clearing wage arrears may be compromised. In addition, most job losses may come from small and medium enterprises, so focusing only on GDP growth, especially on promoting growth in big industries and large enterprises, as some local governments might do, may not generate enough re-employment opportunities. Adjusted urban unemployment rate 14% Registered urban unemployment rate 12% 10% 8% 6% 4% 2% 0% 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Source: CEIC, UBS estimates Chart 1: Urban unemployment rate has declined in recent years ހ௬ ࠤ ๚ C o v e r S t o r y ฿ᄽࣷޏᆅ݀มࣷ?ږۯ ྼࢺมࣷҾۨධྺᄲ࿚༶ 㗙˖⥟⍯ˈ⨲䫊䆕ࠌ(UBS)Ё㒣⌢ⷨお䚼Џӏ Lagra Database ໘㒣⌢ᣕ㓁Ԣ䗋ᳳˈ៤गϞϛⱘҎষ䴶Ј༅Ϯˈ݊Ё䚼ߚᰃ ߎষᓎㄥ㸠Ϯⱘ⇥ݰᎹDŽℷབЁၦԧⱘ᭛ゴ᠔䅼䆎ⱘ䙷ḋ ˄ḍᕁम⼒ⱘ᭄˅ˈ㾘ⱘ༅Ϯ╂Ӯ৺ᓩথЁ⼒Ӯࡼ 㤵˛ 㓈ᡸ⼒Ӯ〇ᅮᰃЁᬓᑰⱘ佪㽕݇⊼䯂乬ˈгᰃᅲ⦄8%䭓Ⳃᷛ ⱘࠡᦤᴵӊDŽ㗗㰥ࠄৃ㛑থ⫳ⱘ㾘㒣⌢㹄䗔ˈᇸ݊ᰃࢇࡼᆚ䲚ൟ ߎষᓎㄥ㸠Ϯˈ乘䅵2009ϞञᑈᇚӮ᳝䍙䖛ϔगѨⱒϛҎ༅Ϯˈ㑺 ᯊ 3.5%ⱘ䴲ݰህϮ↨՟ˈሑㅵབℸˈᘏԧGDPҡ㛑䖒ࠄ7%ⱘᑈ䭓⥛DŽ Ϲዏⱘ༅Ϯᔶᐙᦤछњ⼒Ӯࡼ㤵ⱘॅ䰽ᗻDŽৃҹ乘㾕ˈ䚼 ߚ༅ϮӮথ⫳⇥ݰᎹЁˈҪӀ≵᳝㹿㒇ܹℷ㾘ⱘ⼒Ӯֱ䱰ԧ㋏ˈ㒣ᐌ 㒛ᗻˈϨ䚼ߚᢹ᳝ᆊᮣ㞾⬭ഄЎ⼒Ӯֱ䱰DŽሑㅵ䆌⇥ݰᎹϡⶹ䘧 ᗢḋ㗩㗬ೳഄǃ᮴⊩ҢџݰϮˈԚҪӀ㟇ᇥ᱖ᯊ᳝ᆊᒁկݏDŽ ߸ॳ֎ڦአጒ ៥ӀৠḋᳳⳐᬓᑰ㛑䞛পᮑᐂࡽ〇ᅮ༅Ϯᔶˈޣ䕏ᇍᬊܹ ⍜䌍ⱘ䋳䴶ᕅડDŽϢ10ᑈࠡⳌ↨ˈᬓᑰⱘ䋶ᬓ⢊عމᒋᕫˈ᳝㛑 㸹ࡽ༅ϮҎਬˈᐂࡽٓҬᎹ䌘ℒˈࡴݰᴥഄऎᬃߎҹঞ㸹䌈䋿ೄҎ 㕸DŽࠎ▔㒣⌢䭓ⱘᬓㄪг㛑ᬊ䚼ߚ༅ϮҎষˈࣙᣀࡴ⸔䆒ᮑᓎ 䆒䌍⫼ǃ֗䖯ݰᴥഄऎࢇࡼᆚ䲚ൟ㸠Ϯ䭓ㄝDŽ 㹿ᢪᎹ䌘ˈ᳝ⱘ⫮㟇ᢪϔᑈDŽ⇥ݰᎹ㔎ᇥ⬇䆝㦋ᕫ䌨ٓⱘℷ㾘⏴ 䘧ˈ䖭ᇚϡৃ䙓ܡഄᓩথᔧഄⱘ⼒Ӯࡼ㤵DŽ ┰ⱘॅ䰽ᄬѢ˖ᔧഄᬓᑰᇍ⇥ݰᎹ༅Ϯ䯂乬ⱘ䞡㾚ᑺϡབ ᳝ӕϮਬᎹˈЎࠡ㗙ᬓ⊏Ϟ໘Ѣᔅˈᦤկ༅Ϯ㸹ࡽٓ⏙Ꮉ䌘 ℒⱘᮑৃ㛑㹿᧕㕂DŽˈ䚼ߚ༅Ϯ㗙ৃ㛑ᴹ㞾ЁᇣӕϮˈ㗠ᶤѯ փీ݀ิࡀٷఇږۯ া݇⊼GDP䭓ǃᇸ݊ᰃ䞡㽕㸠ϮӕϮ䭓ⱘᔧഄᬓᑰˈৃ㛑ϡӮ ᦤկ䎇ⱘݡህϮᴎӮDŽ Ԛ៥Ӏ䅸Ўˈϡৃ㛑থ⫳࿕㚕ᭈԧ⼒Ӯ〇ᅮǃࡼᨛܼԧᡩ䌘㗙ֵᖗ ⱘ㾘ࡼ㤵DŽབℸ㾘ⱘ༅ϮЁᑊ䴲ϔDŽ䚼ߚ⇥ݰᎹ᳝ ᆊᮣ㞾⬭ഄˈৃҹಲࠄݰᴥ㨑㛮DŽˈᬓᑰ᮶᳝䌘⑤ˈгᇚ䞛প㸠ࡼ ޣ䕏༅Ϯ⮯㢺ǃ〇ᅮᬊܹ⍜䌍DŽ 䇗ᭈⱘජᏖ༅Ϯ⥛ 14% ݰᴥⱏ䆄༅Ϯ⥛ 12% 10% 1997ᑈ㟇2002ᑈ䯈ˈ㑺ϝगѨⱒϛජᏖᎹ㗙ϟቫˈ݊Ё㑺Ѡगܿ ⱒϛЎ᳝ӕϮਬᎹDŽᔧᯊˈ90ᑈҷЁᳳⱘ㒣⌢㐕㤷ᳳ߮䖛ˈЁህ㒣 ग़њ᳝ӕϮ䞡㒘˄SOE˅䖭Ͼ⮯㢺ⱘ䰊↉ˈѮ⌆䞥㵡ॅᴎ˄䱣ৢĀ㔥 㒰⊵≿ā⸈♁˅জՓЁߎষ䭓Ϲ䞡ᬒ㓧DŽ᭄ϟቫҎਬᑊ䴲༅Ϯˈ ҪӀ㦋ᕫ᳔Ԣ⫳⌏㸹䌈ᦤࠡ䗔ӥDŽህᔧᯊⱘϟቫҎਬ㗠㿔ˈ៥ӀԄ䅵 ҙकᑈϞञᳳⱘᅲ䰙༅Ϯ⥛ህ䍙䖛њ10%˄㾕㸼˅DŽ1998ࠄ 2002ᑈ䯈ˈ㑺Ѡगϛ⇥ݰᎹ⬅Ѣഄ༅Ϯ㗠䞡ᮄ᪡ᣕݰџDŽ 2009ᑈ༅Ϯ╂ৃ㛑Ϣ1998ᑈ䙷᮫哧ⳌᔧˈԚ៥Ӏ⊼ᛣࠄњᶤѯᯢ ᰒⱘϡৠП໘DŽ䖭༅Ϯᕾ⦃ᗻˈᑊϨ≵᳝᳝ӕϮ䞡㒘ⱘ䱰DŽ Ў᳔ⱘ┰༅Ϯ㕸ԧˈ⇥ݰᎹϢ10ᑈࠡⱘ᳝ӕϮਬᎹⳌ↨㔎ᇥ㒘 8% 6% 4% 2% 0% 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 ᴹ⑤˖⦃Ѯǃ⨲䫊乘⌟᭄ 15 2007 C o v e r S t o r y ހ௬ ࠤ ๚ Long Tradition of Rule of Law A Hong Kong perspective on PRC legal issues By Serge G Fafalen, Swiss lawyer & Hong Kong Solicitor and President of the Swiss Chamber of Commerce in Hong Kong HONG KONG LAW. Based on the rule of law and the independence of the judiciary. Lagra Database ue to history, Hong Kong (HKSAR), now a Special Administrative Region of China since the 1997 handover, has a legal system mostly independent from the Mainland guaranteed by its miniconstitution, the “Basic Law”. Hong Kong laws and judiciary are inherited from the British common law: independent courts of justice, the rule of law and a strong law society (since 1907). For a population of 7 million SHRSOH+RQJ.RQJERDVWVDERXWGRPHVWLFODZ¿UPVDQG IRUHLJQ¿UPVHPSOR\LQJ¶+.6$5VROLFLWRUVDQG¶ foreign lawyers. In contrast, the PRC legal system is based on civil laws (like Switzerland). It is of recent creation: it shaped in the 1980s further to the re-establishment of the PRC Ministry of Justice in 1979. The ¿rst PRC law ¿rms were state-owned enterprises and their lawyers workers of the State. The privatization of the legal industry came later. The ¿rst PRC national bar exams were organized in 1986. Now there are about 130’000 PRC lawyers, a very D 16 low number in regard to the total population headcount. These lawyers are mostly employed in about 10’000 PRC law ¿rms. Since 1992 the PRC legal market opened to foreign lawyers. Nowadays, it is estimated that about 200 foreign law ¿rms with 3’500 foreign lawyers practice in the PRC. These foreign lawyers and ¿rms are subject to particular regulations: foreign law firms are indeed prohibited from advising clients on Chinese laws (a criminal act), barred from hiring Chinese lawyers to practice Chinese laws or from partnering or associating with PRC lawyers. Furthermore, foreign lawyers cannot sit the PRC National Bar Exam to become PRC quali¿ed. After the 2001 WTO China accession and a five-year reservation period, the regulations regarding the domestic and the foreign practitioners should have started converging. However, in 2009, the PRC legal market can still not be considered as an open legal market. A tolerance policy of the authorities on the foreign law ¿rms’ activities has been implemented in regard to possible violations of the rules, but it failed to gain support from part of the domestic lawyers. In 2006, the Shanghai Bar ހ௬ ࠤ ๚ C o v e r S t o r y TILL 2047. The separation of the Hong Kong legal system to the rest of the PRC is guaranteed constitutionally until at least 2047. Lagra Database Association issued a formal complaint to the Ministry of Justice. Rumor has it that several Shanghai-based foreign firms were then investigated randomly and that measures had to be taken by some foreign ¿rms to ensure compliance with the rules. all that by opposition to the PRC equivalents. Corporate documents in Hong Kong may be in Chinese and in English, in contrast to PRC documents which are only in Chinese. Low and simple tax system A natural platform For foreign clients seeking legal services for the Mainland, the Hong Kong jurisdiction offers many advantages compared to a direct approach in the Mainland. First, Hong Kong has plenty of skilled, multi-lingual and multi-cultural lawyers, including PRC lawyers, probably much more than in the Mainland where such lawyers are scarce and concentrated in large law ¿rms or in large cities. Being part of China, Hong Kong is indeed a natural platform for the outside expansion of PRC law ¿rms and lawyers. So far, nine PRC law ¿rms have opened of¿ces in Hong Kong; more and more PRC lawyers practice there. This trend is also partly due to a 2003 free-trade agreement between the Mainland and Hong Kong, called “CEPA-Closer Economic Partnership Arrangement”, which facilitates the accession to the PRC market to Hong Kong companies and reciprocally. CEPA further made possible associations of PRC law firms with HKSAR ¿rms and suppressed for Hong Kong practitioners many of the PRC regulatory constraints applicable in the PRC to foreign law ¿rms. Secondly, Hong Kong has a long tradition of rule of law, a laissez-faire attitude towards businesses and a strong anticorruption body, the “ICAC”. Notoriously simple and cheap Add thereon an array of exclusive bilateral agreements between Hong Kong and the Mainland and you have tools of great interest to protect cross-border ventures, investments and trades with the Mainland. The advantage starts with structuring the venture. HKSAR companies are notoriously simple and cheap compared to PRC domestic legal forms. Such companies may be used to hold shares or stakes in a PRC structure (WFOE, JV…), to trade with PRC counterparts or to create a direct presence in the PRC. Hong Kong companies do not require paid-in contributions or capital, their accounts are not public and their shareholders may freely agree about their mutual relations in an agreement eventually enforceable by Hong Kong courts – Any company in Hong Kong bene¿ts from a low and simple tax system: the corporate pro¿ts tax rate is either 0% (for foreign sourced profits) or 16.5% (for domestic sourced profits), there is no VAT in Hong Kong and the employer’s social contributions are limited to a maximum payment of USD 130 per month and per employee. Besides, Hong Kong and the Mainland signed, in 2006, a double-taxation agreement alleviating PRC taxation for Hong Kong based companies in many respects. Furthermore, contractual agreements between a Mainland and a Hong Kong party may be made subject to Hong Kong laws and disputes thereon to the Hong Kong venue - unless prohibited under PRC laws. Such agreements are then enforceable with legal certainty by the independent Hong Kong ordinary or arbitration courts, a strong advantage to foreign investors due to the accessibility, the predictability and transparence of the Hong Kong judicial system. Cherry on the cake, Hong Kong Courts’ decisions are now enforceable in the PRC under a 2006 Execution Arrangement between the Mainland and Hong Kong. And for the certi¿cation of Hong Kong Court decisions, contractual or corporate documents, Hong Kong grants the Apostille (contrarily to the PRC) - a convenient certi¿cation for documents to be used abroad. For documents used in the Mainland, Chinaappointed Attesting of¿cers are aplenty in Hong Kong. The protection of Intellectual property used in the PRC and technology transfers may also be structured via Hong Kong -a more secure alternative than direct transferring in most cases. Lastly, employees of a Hong Kong company may be detached to the Mainland under certain conditions. The Hong Kong employment law is flexible and favors employers (like Swiss laws). And Mainland business visas can be easily obtained in Hong Kong. With its unique positioning vis-à-vis the Mainland, its long tradition of legal services and its independent judiciary, the role of Hong Kong as an ef¿cient platform for cross-border operations to and from the Mainland will undoubtedly grow exponentially in the next decade and further shape the city as an excellence centre for Chinese legal, tax and corporate services. 17 C o v e r S t o r y ހ௬ ࠤ ๚ ᆬ৳݆ڦዎدཥ ٗၑߗڦঙ܈ઠཪዐࡔా݆ںୱ࿚༶ 㗙˖㣗ᆠ啭ˈ⨲ঞ佭␃ᕟᏜˈ佭␃⨲ଚӮЏᐁ ⬅ Ѣग़ⱘॳˈ佭␃ 1997 ᑈЏᴗ⿏Ѹ ЁПৢˈ៤ЎњЁⱘϔϾ⡍߿㸠ᬓऎDŽ Ёⱘᇣᅾ⊩ljЁढҎ⇥݅佭␃⡍߹ 㸠ᬓऎᴀ⊩NJֱ䆕њ佭␃ᢹ᳝ᅠܼ⣀ゟ ⱘৌ⊩㋏㒳DŽ佭␃ⱘ⊩ᕟৌ⊩ᴎᵘ㟈⊓㺁㣅ⱘ ᱂䗮⊩˖⣀ゟⱘ⊩䰶ˈ⊩㾘ⱘܼع佭␃ᕟᏜ݀Ӯ ˄1907 ᑈ៤ゟ˅DŽᘏҎষ䖒 700 ϛⱘ佭␃ˈᢹ᳝㑺 700 ᆊᴀഄᕟᏜџࡵ᠔ 60 ᆊഄᕟᏜџࡵ᠔ˈ㘬䇋њ 6,000 ৡᴀഄᕟ Ꮬҹঞ 1,200 ৡᕟᏜDŽ Ⳍᇍ㗠㿔ˈЁݙഄⱘৌ⊩㋏㒳ᰃᓎゟ⇥⊩ПϞⱘ (⨲ϔ ḋ)DŽᅗᰃ䖥ᑈᴹᠡࠊᅮⱘ˖⇥⊩ᰃ1979ᑈЁⱘৌ⊩䚼䞡ᓎৢᠡࠊ ᅮˈ✊ৢ80ᑈҷ㹿䖯ϔℹԧᅠ࣪DŽϔϾЁᕟᏜџࡵ᠔ᰃ 㧹ⱘᕟᏜџࡵ᠔ˈ㗠ᅗ᮫ϟⱘᕟᏜЎᬓᑰᎹ˗ПৢⱘᕟᏜ㸠Ϯ䖯㸠њ ⾕᳝࣪ᬍ䴽DŽ㞾ҢЁ1986ᑈВ㸠њϔܼᕟᏜ䌘Ḑ㗗䆩ৢˈ⦄ Ҟ㑺᳝130,000ৡЁᕟᏜDŽ䖭Ͼ᭄ⳂⳌᇍѢܼᘏҎষⱘ↨՟ᴹ䇈 ᰃ↨䕗أԢⱘDŽ䖭ѯᕟᏜЏ㽕㑺10,000ᆊᎺেⱘЁᕟᏜџࡵ᠔ЁᎹ DŽ Ң1992ᑈЁ⊩ᕟ᳡ࡵᏖഎℷᓣᇍᓔᬒ䍋ˈ⦄ҞԄ䅵㑺᳝200 ᆊᕟᏜџࡵ᠔Ϣ3ˈ500ৡᕟᏜЁᓔሩϮࡵDŽ䖭ѯᕟᏜ ᕟᏜџࡵ᠔ফࠄ⡍ᅮ⊩ᕟᴵ՟ⱘⲥㅵ˖ᕟᏜџࡵ᠔⽕ℶЎᅶ ᠋ᦤկЁ⊩ᕟ᳡ࡵ (䖭ᰃϔ⾡⢃㔾㸠Ў)ˈгϡ㛑㘬䇋ЁᠻϮᕟᏜˈ ϢЁᕟᏜџࡵ᠔㘨㧹ঞড়ӭҹᦤկЁ⊩ᕟ᳡ࡵDŽℸˈᕟᏜ ϡ㛑খࡴЁܼᕟᏜ䌘Ḑ㗗䆩ҹপᕫЁᕟᏜⱘ䌘ḐDŽ 㞾Ң2001ᑈЁࡴⲳϪ⬠䌌ᯧ㒘㒛ҹঞ䗮䖛њ5ᑈⱘ䖛⏵ᳳПৢˈ ЁᇍᴀഄഄᕟᏜⱘㅵ⧚ᑨ䆹ᣝ✻Ϫ⬠䌌ᯧ㒘㒛ⱘ㾘ᅮDŽԚᰃˈࠄ њ2009ᑈˈЁⱘ⊩ᕟ᳡ࡵᏖഎ䖬ᰃϡ㛑⿄ЎϔϾᓔᬒⱘ⊩ᕟᏖഎDŽ᳝ ݇ᔧሔᇍᕟᏜџࡵ᠔ⱘ䖱㾘㸠Ўᅲ㸠ᕜᆑᆍⱘᬓㄪˈℸᓩ䍋ݙ ᕟᏜџࡵ᠔ⱘϡ⒵˖2006ᑈˈϞ⍋ᕟᏜणӮ䗦Ѹњϔӑℷᓣⱘᡫ䆂к 㒭Ёৌ⊩䚼DŽ䯏䚼ߚᕟᏜџࡵ᠔Ϟ⍋ⱘࡲџ໘ℸ㹿ᢑᶹˈ 㗠݊ҪᕟᏜџࡵ᠔г䖯㸠㞾៥ᅵᶹˈҹ䰆䖱㾘DŽ ཀڦୱೝ ᔧଚᇏ∖Ё⊩ᕟ᳡ࡵⱘᯊˈϢ݊ⳈҢЁ๗ݙᇏ∖⊩ᕟ᳡ ࡵˈϡབҢ佭␃䖯㸠㗠㦋ᕫⱘӬDŽ 佪ˈܜ佭␃᳝䞣᳝㒣偠ⱘˈ㊒䗮䇁㿔ˈ᭛࣪ⱘᕟᏜˈࣙᣀ ݙᕟᏜDŽⳌᇍ㗠㿔ˈݙ䴲ᐌ㔎У䖭⾡ᕟᏜˈ㗠Ϩ䖭⾡ᕟᏜ䚼ߚ䛑䲚 ЁⱘᕟᏜџࡵ᠔䛑Ꮦ䞠DŽ ЎЁⱘϔ䚼ߚˈ佭␃ᇍѢݙᕟᏜᕟᏜџࡵ᠔ⱘᇍᠽሩᴹ 䇈ˈ⹂ᅲᰃϔϾ✊ⱘᑇৄ˖ࠄ⦄ЎℶˈᏆ㒣᳝9ᆊݙᕟᏜџࡵ᠔ 佭␃䆒ゟњߚ᠔˗䍞ᴹ䍞ⱘݙᕟᏜᴹ佭␃ᠻϮDŽ䖭Ͼ䍟ᰃ2003 ᑈЁݙഄϢ佭␃ㅒ䅶㞾⬅䌌ᯧण䆂ljܻഄϢ佭␃݇Ѣᓎゟ㋻ᆚ㒣䌌 ݇㋏ⱘᅝᥦNJПৢᔶ៤ⱘDŽ䖭ᰃϔϾϸഄঠ䌶ⱘ䌌ᯧणᅮˈࡴᔎњ佭␃ 18 ݀ৌݙഄᏖഎⱘ㒣⌢ড়DŽПৢˈᅗ㨑ᅲњ佭␃ᕟᏜџࡵ᠔Ϣݙഄ ᕟᏜџࡵ᠔ݙഄ䖯㸠㘨㧹ⱘ⌏ࡼঞㅵ⧚ˈҹঞᇍ佭␃ᕟᏜপ⍜њ䆌 ЁᇍᕟᏜџࡵ᠔ⱘㅵ⧚䰤ࠊDŽ ݊ˈ佭␃⊩⊏Ꮖ᳝ᕜ䭓ϔ↉ग़њDŽ佭␃༝㸠㞾⬅䌌ᯧⱘᬓㄪˈ ৠᯊᅗг䆒᳝ড䋾∵ⱘ佭␃ᒝᬓ݀㕆DŽ ጀ֩ࠅິ़०ڇᆼՍᅓ ࡴݡϞ⣀᳝ⱘЁݙഄϢ佭␃ㅒ㕆ⱘঠ䖍ᴵ՟ˈ䅽ଚЁⱘᡩ 䌘ঞ䎼Ѹᯧফࠄܼ䴶ⱘֱ䱰DŽ 佭␃៤ゟ݀ৌⱘད໘ᰒ㗠ᯧ㾕˖ⳌᇍЁݙഄⱘ݀ৌ⊩ˈ佭␃ ⊼݀ݠৌ᮶ㅔऩজ֓ᅰDŽ佭␃݀ৌৃҹ⫼ѢЁ݀ৌ˄䅀བଚ⣀䌘 ӕϮড়䌘݀ৌ˅Ёᣕ᳝㙵ӑˈⳌᑨⱘ݀ৌ䖯㸠䌌ᯧˈⳈЁ ݙഄᓔሩϮࡵDŽ⊼ݠ佭␃݀ৌ䌘䞥ϡ䳔㽕ࠄԡˈ݀ৌᏤ᠋ֱᆚˈ݀ৌⱘ 㙵ϰП䯈ৃ䖒៤㞾⬅ण䆂ᑊফࠄ佭␃⊩䰶ⱘㅵ䕪 - 䖭ѯϢЁݙഄⱘ ᮑᅠܼⳌডDŽ佭␃ˈ݀ৌ᭛ӊৃҹ⫼Ё᭛㣅᭛к ˈݭԚᰃЁݙ ഄˈ᭛ӊাৃҹ⫼Ё᭛кݭDŽ گณڦခ܈ ᠔᳝佭␃݀ৌ䛑ѿ᳝Ԣ⥛ঞ乍ᇥⱘࡵࠊᑺ˖佭␃݀ৌⱘ߽ᕫ ৃҹᰃ0%˄佭␃ҹ㒣㧹ঞ䖤᠔䌮পⱘ߽⍺ϡ䳔㽕Ѹ˅ˈᰃ 16.5%˄佭␃㒣㧹ѻ⫳ⱘ߽⍺ˈህ䳔㽕㒇˅˗佭␃≵᳝ؐ˗䲛 Џ䳔㽕Ў↣ԡ䲛ਬᔎ⿃䞥䅵ߦկℒˈ᳔催կℒ䞥乱Ў↣Ҏ↣᳜130㕢 䞥DŽℸˈ佭␃ݙഄѢ2006ᑈㅒ㕆њϔ乍ᴵ՟ҹ䙓ܡᇍ佭␃݀ৌঠ䞡 ᕕDŽ ݙഄ݀ৌ佭␃݀ৌㅒ䅶ড়㑺ᯊˈབᵰ䗝⫼佭␃⊩ᕟЎ䗖⫼⊩ ᕟˈ佭␃⊩ᒁᇍ݊ѝ䆂ѿ᳝ㅵ䕪ᴗ –㾺⢃Ёݙഄ⊩ᕟ՟DŽ佭␃ⱘৌ ⊩ԧ㋏ҹ݀ᑇˈৃ乘⌟ᗻˈᓔᬒᗻЎॳ߭ˈ᠔ҹ䗝ᢽৌ⊩⣀ゟⱘ佭␃⊩ 䰶ӆ㺕ᴎᵘЎ㾷⊩㑴㒋ⱘᴎᵘˈᇍ䌘㗙ᴹ䇈ᰃ䴲ᐌ᳝߽ⱘDŽ 2006ᑈˈ佭␃ϢЁݙഄজㅒ㕆њϔ乍⡍߿ᴵ՟ˈ⊼ᯢҞৢ佭␃⊩ 䰶ⱘ߸އЁݙഄгৠḋ⫳ᬜDŽ䖭Ҹ佭␃ⱘӬࡴ䫺Ϟ⏏㢅DŽ 䖬᳝ˈ⊩䰶߸އкˈড়ৠ݀ৌ᭛ӊ䛑ৃҹ佭␃ࡴㅒ˄ݙഄⳌ ড˅- ҹ֓Փ⫼DŽ佭␃᳝Ёྨᠬ݀䆕Ҏˈϧ䮼䋳䋷ЎݙഄՓ⫼ ⱘ᭛ӊ䖯㸠݀䆕DŽ ᭄ᚙމϟˈ䗮䖛佭␃⬇䇋ϧ߽ҹֱᡸ㞾Ꮕⱘⶹ䆚ѻᴗᡔ ᴃˈӮ↨ⳈЁݙഄ⬇䇋ࡴᅝܼৃ䴴DŽ ᳝ѯᯊˈ佭␃݀ৌⱘ䲛ਬӮ㹿⌒ᕔЁݙഄᎹDŽ佭␃ⱘ䲛Է⊩ ᕟ䴲ᐌ♉⌏ব䗮ˈ㗠Ϩ↨䕗ֱᡸ䲛Џ˄⨲⊩ᕟϔḋ˅DŽЁݙഄⱘ ଚϮㅒ䆕佭␃гᕜᆍᯧ⬇䇋ࠄDŽ ᕫ⣀८ⱘഄ⧚ԡ㕂ˈᙴЙग़ⱘ⊩ᕟࠊᑺˈ⣀ゟⱘৌ⊩ᴎᵘˈ䅽 佭␃៤ЎњϔϾ᳝ᬜⱘ䎼ଚϮ䌌ᯧⱘᑇৄˈᶊᵘ㒣⌢䭓䗳ᑺ᮴ ࠡ՟ⱘЁ佭␃П䯈DŽϟϔϪ㑾থሩ᳔ᖿⱘЁˈ佭␃៤ЎϔϾৃ ҹᦤկߎ㡆ⱘ⊩ᕟˈᬊ݀ৌ᳡ࡵⱘଚϮЁᖗජᏖDŽ C o v e r S t o r y ހ௬ ࠤ ๚ From Marx to Market Private ownership: The real source of China's economic miracle By Yasheng Huang, Associate Professor MIT Sloan School of Management RECEIVED WISDOM. Is the country’s economic miracle a triumph of technocracy? Lagra Database any think China has discovered its own road to prosperity, dependent largely on state financing and control. They are quite wrong. The credibility of American-style capitalism was among the earliest victims of the global financial crisis. With Lehman Brothers barely in its grave, pundits the world over rushed to perform the last rites for US economic ideals, including limited government, minimal regulation, and the freemarket allocation of credit. In contemplating alternatives to the fallen American model, some looked to China, where markets are tightly regulated and financial institutions controlled by the state. In the aftermath of Wall Street’s meltdown, fretted M 20 Francis Fukuyama in Newsweek, China’s brand of state-led capitalism is “looking more and more attractive.” Washington Post columnist David Ignatius hailed the global advent of a Confucian-inspired “new interventionism”; invoking Richard Nixon’s backhanded tribute to John Maynard Keynes, Ignatius declared, “We are all Chinese now.” Triumph of technocracy? But before proclaiming the dawn of a new Chinese Century, leaders and executives around the world would do well to reconsider the origins of China’s dynamism. The received wisdom on the country’s economic miracle - it was a triumph ހ௬ ࠤ ๚ of technocracy, in which the Communist Party engineered a gradual transition to the market by relying on state-controlled businesses - gets all the important details wrong. This standard account holds that entrepreneurship, private-property rights, ¿nancial liberalization, and political reform played only a small role. Yet my research, based on a detailed analysis of the Chinese government’s survey data and government documents at the central and local levels, indicates that property rights and private entrepreneurship provided the dominant stimulus for high growth and lower levels of poverty. We often read that gradualism was the key to China’s successful transition from Marx to the market; many accounts laud Beijing for eschewing Russian-style shock therapy in favor of a more pragmatic approach that created a hospitable business environment and allowed private companies to grow organically. This narrative suggests China’s economy grew progressively more liberal and market-oriented through reforms that were introduced on a small scale in the 1980s and gathered momentum in the later half of the ’90s. Not so. What actually happened is that early local experiments with ¿nancial liberalization and private ownership, in the 1980s, generated an initial burst of rural entrepreneurialism. Those earlier gains - not the massive state-led infrastructure investments and urbanization drive of the 1990s - laid the true foundation for the Chinese miracle. Better social outcomes Although many experts contrast China’s grand infrastructure projects and gleaming factories built using foreign money with India’s dilapidated highways and paltry foreign-directinvestment flows, this point of view overstates the contribution of public spending and foreign investment to China’s growth. Neither of these forces assumed huge proportions in China until the late 1990s - long after relaxed financial controls and rural entrepreneurship prompted the initial growth surge, during the 1980s. In that decade, China’s economy grew more rapidly than it did in the 1990s and brought better social outcomes: poverty declined, the gap between rich and poor narrowed, and labor’s share of GDP - a measure of the way average people bene¿t from economic growth - rose substantially. From 1978 to 1988, the number of rural people living below China’s poverty line fell by more than 150 million. In the 1990s, their number fell by only 60 million, despite almost double-digit increases in GDP growth and massive infrastructural construction. What’s more, in the 1980s China’s growth was driven far less than it is today by investments as opposed to consumption. In other words, entrepreneurial capitalism, unlike state-led capitalism, not only generated growth but also dispersed its benefits widely. Entrepreneurialism was virtuous as well as vibrant. Big cities like Beijing, Shanghai, and Shenzhen are routinely extolled in the Western press as vibrant growth centers. China’s rural areas, if mentioned at all, typically ¿gure as impoverished backwaters. But a close analysis of the economic data reveals that these breathless descriptions of China’s modern city skylines have it exactly backward: in fact, the economy was most dynamic in rural China, while heavy-handed government intervention has stiÀed entrepreneurialism and ownership in the urban centers. C o v e r S t o r y The significance of this last point is impossible to overstate. Indeed, much of the history of Chinese capitalism can be characterized as a struggle between two Chinas: the entrepreneurial, market-driven countryside versus the state-led cities. Whenever and wherever rural China has the upper hand, Chinese capitalism is entrepreneurial, politically independent, and vibrantly competitive. Whenever and wherever urban China dominates, Chinese capitalism tends toward political dependency and state centricity. Impressive Wenzhou Shanghai is the most visible symbol of China’s urban development. Its modern skyscrapers, foreign luxury boutiques, and top-ranking GDP per capita make it China’s model city - a glittering testament to the success of state-led capitalism. Or is it? By more meaningful measures of economic achievement, Shanghai’s rise is far less impressive than that of Wenzhou, an enclave of entrepreneurial capitalism a few hundred miles to the south, in Zhejiang province. In the early 1980s, Wenzhou was known for little more than its struggling farmers. Of ¿ve million inhabitants, fewer than 10 percent were classified as urban. Today, Wenzhou is China’s most dynamic municipality, teeming with businesses that dominate European garment markets. By contrast, Shanghai, once home to China’s earliest industrialists, is now oddly bereft of native entrepreneurs. Wenzhou’s transformation resulted almost entirely from free-market policies. As early as 1982, officials there were experimenting with private lending, liberalized interest rates, cross-regional competition by savings and loans organizations, and lending to private-sector companies. The Wenzhou government also worked to protect the property rights of private entrepreneurs and to make the municipality friendly to business in many other ways. Does indigenous entrepreneurship make a difference for human welfare? Abundantly. In GDP per capita, Shanghai is almost twice as rich as Zhejiang, where Wenzhou is located (detailed data on Wenzhou are harder to get). But if the measure is household income - the actual spending power of average residents - the two regions are equally prosperous. In 2006, a typical Shanghai resident earned a household income 13 percent higher than that of a typical Zhejiang resident, but in Shanghai the level of unearned income (for example, government bene¿ts) was almost twice as high as in Zhejiang. Earned income was about the same for average residents of the two places. On average, Shanghai residents earned 44 percent less than their counterparts in Zhejiang from operating businesses and 34 percent less from owning assets. The implication: state-led capitalism may lift urban skylines and GDP statistics but not actual living standards. Zhejiang versus Jiangsu province The contrast is clearer still if you examine the economic pro¿les of Zhejiang province and its northern neighbor Jiangsu province. The two make for a near-perfect comparison. Their geographic conditions are almost identical: both are coastal, with Jiangsu to the north of Shanghai and Zhejiang to the south. They also have similar business histories: both contributed significantly to the ranks of industrialists and entrepreneurs in prerevolutionary Shanghai. During the postreform years, 21 C o v e r S t o r y ހ௬ ࠤ ๚ however, Jiangsu courted foreign investment and benefitted signi¿cantly from public-works spending; Zhejiang did not. The results of that difference are startling. Jiangsu was richer than Zhejiang 20 years ago, but today it is poorer, lagging behind in every significant measure of economic and social welfare. On average, Zhejiang’s residents earn signi¿cantly more from assets than their northern neighbors do, live in larger houses, and are far more likely to own phones, computers, color televisions, cameras, or cars. They also enjoy lower rates of infant mortality, a longer life expectancy, and higher literacy. Notably, income inequality is far lower in Zhejiang than in Jiangsu. How to account for Zhejiang’s greater prosperity? The most compelling explanation is that in Jiangsu, the authorities meddled in the economy and discriminated against local businesses in favor of foreign capital. Officials in Zhejiang granted free rein to indigenous entrepreneurs, allowing them to build larger, more dynamic local supply chains. Experts got growth story wrong The real mystery of China’s miracle isn’t how the economy grew, but how Western experts got the growth story so wrong. One answer is that outsiders misunderstood the nature of one of China’s most basic economic institutions: township and village enterprises, which some of the West’s best-known economists have celebrated as the epitome of capitalism with Chinese characteristics - innovative hybrid entities that achieved high growth despite government control. Nobel laureate Joseph Stiglitz, for example, extolled them for offering an ingenious solution to a problem common to economies in transition from socialism to capitalism: asset-stripping by private investors1. These enterprises, he argues, are a form of public ownership that prevents plundering while achieving the ef¿ciency of private-sector companies. In short, Western economists have often assumed township and village governments own these enterprises. As recently as 2005, Douglass North, another Nobel winner, stated in the Wall Street Journal that they “hardly resembled the standard firm of economics.”2 But the evidence suggests otherwise. A policy document issued by the State Council on March 1, 1984, includes the ¿rst of¿cial Chinese reference to township and village enterprises. It de¿ned them as “enterprises sponsored by townships and villages, the alliance enterprises formed by peasants, other alliance enterprises, and individual enterprises.” The term “enterprises sponsored by townships and villages” referred to the collective undertakings townships and villages own and run. All the other entities mentioned in the policy document were private businesses: single proprietorships or larger private companies with a number of shareholders precisely “the standard ¿rm of economics.” Of¿cial usage of the term “township and village enterprise” has been remarkably consistent: it always includes private businesses as well as those sponsored by governments. of these enterprises. During the years from 1985 to 2002, the number of collectively owned ones peaked in 1986 at 1.73 million entities, while the number of private ones soared to more than 20 million, from about 10.5 million. In other words, the increase in the number of these enterprises during the reform era was due entirely to the private sector. By 1990, within the ¿rst decade of reform, such private businesses accounted for 50 percent of total employment in town and village enterprises and claimed 58 percent of their after-tax pro¿ts. Confusion about the real origins of Chinese growth has clouded foreign perceptions of the emergence of Chinese companies in the international marketplace as well. It is often said China heralds a new business model for global competition, in which state ownership and the judicious use of government financial controls combine to create a unique source of competitiveness. The computer maker Lenovo is often touted as a product of China’s unconventional business environment. But Lenovo owes much of its success to its ability, early on, to establish legal domicile and raise capital in Hong Kong, arguably the world’s most freewheeling market economy. Lenovo got its initial financing from the Chinese Academy of Sciences, in 1984, but thereafter secured all of its significant investment from Hong Kong.3 In 1988, the company received HK $900,000 (US $116,000) from the Hong Kong–based company China Technology to invest in a joint venture that would enable Lenovo to claim the city as its legal domicile. In 1993, Hong Kong Lenovo went public on the Hong Kong Stock Exchange in a US $12 million IPO. Lenovo is a success story of Hong Kong’s market-based ¿nancial and legal system, not of China’s state-controlled ¿nancial system. As China absorbs the lessons of the Wall Street debacle and prepares itself for a global economic slowdown, the worst thing the country could do would be to embrace the notion that it has discovered a new development formula more effective than free markets. The real lesson of China’s economic miracle is that it was actually remarkably conventional - based on private ownership and free-market ¿nance. China’s experience offers the world a timely reminder that reforms designed to encourage these forces really work. Yasheng Huang is an associate professor at the MIT Sloan School of Management, teaches political economy and founded and runs MIT’s China and India Labs, which aim to help local entrepreneurs improve their managerial skills. This essay is adapted from his book Capitalism with Chinese Characteristics: Entrepreneurship and the State. www.mckinseyquarterly.com Notes: 1. Joseph Stiglitz,“The transition from communism to market: A reappraisal after New formula better than free markets Western economists erred because they assumed the term referred to ownership. But Chinese officials understood it in the geographic sense - businesses located in townships and villages. The records of China’s Ministry of Agriculture attest that privately owned and run entities dominated the total pool 22 15 years,” European Bank for Reconstruction and Development Annual Meet ing, London, 2006. 2. Douglass C. North,“The Chinese menu (for development),”Wall Street Journal, April 7, 2005. 3. Qiwen Lu, China’s Leap into the Information Age: Innovation and Organization in the Computer Industry, New York: Oxford University Press, 2000. ހ௬ ࠤ ๚ C o v e r S t o r y ٗࠌׂዷᅭጽၠׇঢ়ष ຳᆶǖዐࡔঢ়षആगڦኈኟᇸආ 㗙˖咘Ѯ⫳ इݘ࠽ڥණ݆ੂڦ Ё㒣⌢༛䗍ᰃᡔᴃ㒳⊏䆎ⱘ 㚰߽৫˛ Lagra Database Ⴙܠဇݛঢ়षბॆۼණྺ,ዐࡔᅙঢ়ቴڟକዷᄲᅈ੍ ࡔॆ֎አᇑ੦ݏڦඵኮୟăڍLj்ٱٷ༬ٱକă Ё㒣⌢থሩⱘ㞾⬅ᑺᏖഎᇐ∈ᑇ䗤⏤ᦤ催ˈᑊ90ᑈҷৢᳳ⿃㪘 њথሩࡼDŽԚџᅲᑊ䴲བℸDŽᅲ䰙থ⫳ⱘᚙމᰃˈϞϪ㑾80ᑈҷ䖯㸠 㕢ᓣ䌘ᴀЏНⱘৃֵᗻᰃܼ⧗䞥㵡ॅᴎЁ᳔ᮽⱘ⡎⡆ કПϔDŽ䱣ⴔ䳋᳐ܘᓳ䫊㸠ⱘ⸈ѻצ䯁ˈܼϪ⬠ⱘᴗ࿕䆘䆎 ᆊϔぱ㳖ഄଅ㹄㕢㒣⌢⧚ᗉüü᳝䰤ᬓᑰǃ᳔ᇣ䰤ᑺⱘⲥㅵᇍֵ䌋 ⱘ㞾⬅Ꮦഎߚ䜡ㄝDŽ㗗㰥ҹԩ⾡ᓣপҷ≵㨑ⱘ㕢ᓣᯊˈ᳝ѯҎ ⱘ䞥㵡㞾⬅࣪⾕㧹ӕϮⱘᮽᳳഄᮍᗻ䆩偠ˈ⫳ڀње䬛ӕϮ᳔߱ⱘ㫀 থሩDŽℷᰃ䖭ѯᮽᳳⱘᬊ㦋üü㗠ᑊ䴲ᆊЏᇐⱘ㾘⸔䆒ᮑᡩ 䌘90ᑈҷⱘජᏖ࣪üüЎЁ༛䗍༴ᅮњⳳℷⱘ⸔DŽ ᡞⳂܝ䕀њЁDŽЁˈᏖഎফࠄϹḐⱘⲥㅵˈ㗠䞥㵡ᴎᵘ߭⬅ ᆊࠊDŽ㒣ग़њढᇨ㸫ⱘ䋹ৢˈ⛺䑕ϡᅝⱘᓫᳫ㽓ᮃ•⽣ቅljᮄ䯏 ਼ߞNJ˄Newsweek˅Ϟ᪄᭛ᣛߎˈЁᓣⱘᆊ䌘ᴀЏНĀⳟ䍋ᴹ䍞 ᴹ䍞᳝ᓩњDŽāljढⲯ乓䚂NJ˄Washington Post˅ⱘϧᷣᆊ ि•ӞḐׂݙᮃЎѢᄨᄤᗱᛇⱘĀᮄᑆ乘ЏНāܼ⧗ⱘߎ⦄㗠催ໄ ˗ӞḐׂݙᮃᓩ⫼⧚ᶹᖋ•ሐܟᵒ䯈⿄乖㒣⌢ᄺᆊ߃ᘽᮃ˄John ߸ࡻڦมࣷࡕׯ ⫮ ሑㅵ᳝䆌ϧᆊᇚЁᅣⱘ⸔䆒ᮑ乍Ⳃ߽⫼䌘䞥ᓎ䆒ⱘ ጁᮄᎹॖϢॄᑺ⸈䋹ϡⱘ݀䏃ᖂϡ䎇䘧ⱘⳈᡩ䌘⌕䖯㸠↨䕗ˈ Ԛ䖭⾡㾖⚍༌њ݀݅ᓔᬃᡩ䌘ᇍЁথሩⱘ䋵⤂DŽⳈࠄϞϪ㑾 90ᑈҷৢᳳҹࠡˈ䖭ϸ⾡㋴Ёⱘᕅડ᠔ऴ↨䞡䛑ϡüüᅗӀ Maynard Keynes˅ⱘ䆱䇈˖Ā⦄៥Ӏ䛑Ё࣪њDŽā ⱘߎ⦄↨80ᑈҷᆑᵒⱘ䞥㵡ࠊ᳔߱ⱘе䬛ӕϮথሩ╂㽕ᰮᕫDŽ ϞϪ㑾80ᑈҷˈЁ㒣⌢ⱘথሩ㽕↨90ᑈҷᖿᕫˈᑊϨѻ⫳њ དⱘ⼒ӮᬜⲞ˖䋿ೄҎষϟ䰡ˈ䋿ᆠᏂ䎱㓽ᇣˈ㗠ϨࢇࡼGDPЁ रຍཥዎஃڦ૧ ᠔ऴӑ乱üü㸵䞣Ң㒣⌢থሩЁҎഛ㦋Ⲟⱘᣛᷛüüᰒ㨫ϞछDŽҢ1978 ԚᰃˈᅷᏗᮄⱘЁϪ㑾ⱘᲭࠄܝᴹПࠡˈܼ⧗ⱘ乚ᇐҎ催ㅵ Ӏ䳔㽕དདݡᛇϔᛇˈЁ⌏ⱘ⑤⊝ࠄᑩᰃҔМDŽ䇈ࠄЁ㒣⌢༛䗍 ѻ⫳ⱘॳˈ㦋ᕫᑓ⊯䅸ৃⱘⳟ⊩üü䙷ᰃϧᆊ⊏䆎ⱘ㚰߽ˈ݅ѻܮ ձ䴴ᆊࠊⱘӕϮᅲ⦄њᏖഎ㒣⌢ⱘ䗤ℹ䕀ൟüüҢϾ䞡㽕ᮍ䴶 ᴹ䆆䛑䫭њDŽ䖭⾡ᷛ⊩ⳟⱘޚ䅸ЎˈӕϮᆊ㊒⼲ǃ⾕᳝䋶ѻᴗǃ䞥㵡㞾 ⬅࣪ᬓ⊏ᬍ䴽ᇍЁⱘ㒣⌢༛䗍াথњᕜᇣⱘ⫼DŽԚᰃˈѢᇍ Ёᬓᑰⱘ䇗ᶹ᭄Ё༂ঞഄᮍᬓᑰ᭛ӊⱘ䆺㒚ߚᵤˈ៥ⱘⷨお㒧䆎 ᰃˈ䋶ѻᴗ⾕㧹ӕϮᰃ催䗳䭓䋿ೄ∈ᑇ䰡Ԣ᳔Џ㽕ⱘ▔ࢅ㋴DŽ ៥Ӏ㒣ᐌ䇏ࠄ䖭ḋⱘ᭛ゴˈ䅸Ў⏤䖯ЏНᰃЁ៤ࡳഄҢ偀ܟᗱЏ Н䕀ൟࠄᏖഎ㒣⌢ⱘ݇䬂㋴˗䆌᭛ゴ⿄䌲࣫Ҁᨦᓗњ֘㔫ᮃᓣⱘӥ ˈ⊩⭫ܟ䞛⫼ࡴࡵᅲⱘᮍ⊩ˈ߯ᓎњ㡃དⱘଚϮ⦃๗ˈ䅽⾕㧹ӕϮ᳝ ᴎഄথሩDŽ䖭⾡㾖⚍䅸Ўˈ䗮䖛ϞϪ㑾80ᑈҷ佪ܜ䖯㸠ᇣ㣗ೈᬍ䴽ˈ ᑈࠄ1988ᑈˈ⫳⌏∈ᑇԢѢЁ䋿ೄ㒓ⱘݰᴥҎষޣᇥњ1.5ғҹϞDŽ㗠 90ᑈҷˈሑㅵGDPТ䛑䖒ࠄњϸԡ᭄䭓ˈᑊϨᅲᮑњ㾘ⱘ ⸔䆒ᮑᓎ䆒ˈԚ䋿ೄҎষ᭄䞣ैাϟ䰡њ6,000ϛDŽℸˈ80ᑈҷˈЁ 㒣⌢䭓Џ㽕䴴ᡩ䌘㗠ϡᰃ⍜䌍偅ࡼⱘᑺ䖰ϡڣҞ䖭ḋϹ䞡DŽ ᤶহ䆱䇈ˈӕϮ䌘ᴀЏНϢᆊ䌘ᴀЏНϡৠˈᅗϡҙᏺᴹ њ䭓ˈ㗠Ϩ䖬ᇍ䭓᠔ᏺᴹⱘ߽Ⲟ䖯㸠њᑓ⊯ⱘߚ䜡DŽӕϮЏН ˄Entrepreneurialism˅᮶ܙ⒵⌏ˈজヺড়⼒Ӯ䘧ᖋDŽ 㽓ᮍၦԧᘏ⠅ᡞ࣫ڣҀǃϞ⍋⏅ഇ䖭ḋⱘජᏖ⿄乖Ў⫳ᴎ ⱘথሩЁᖗ˄㾕㸼˅DŽ㗠ЁⱘݰᴥഄऎˈेՓ㹿ᦤࠄˈг䗮ᐌ 㹿ᔶᆍЎ䋿ೄⱘかеຸۏDŽԚᰃˈা㽕ᇍ㒣⌢᭄䖯㸠Ҩ㒚ߚᵤˈህӮ থ⦄ˈᇍЁ⦄ҷ࣪ජᏖ催ὐॺⱘ䖭ѯҸҎ䳛᪐ⱘᦣ䗄ᅠܼᰃϔ⾡䇃 ᇐ˖џᅲϞˈЁⱘݰᴥᠡ᳔᳝ⱘ㒣⌢⌏ˈ㗠ᬓᑰⱘᔎᑆ乘Ꮖ 23 C o v e r S t o r y ހ௬ ࠤ ๚ 㒣てᙃњЁᖗජᏖⱘӕϮᆊ㊒⼲᠔᳝ᴗDŽ ৢϔ⾡㾖⚍ⱘ䞡㽕ᗻ᮴䆎ᗢḋᔎ䇗䛑ϡ䖛ߚDŽЁ䌘ᴀЏНⱘথሩ ग़џᅲϞ䚼ߚ䛑ৃҹ㹿ᦣ䗄ЎϸϾЁⱘ᭫ѝ˖⬅Ꮦഎࡼⱘǃᆠ ᳝ӕϮᆊ㊒⼲ⱘݰᴥϢ⬅ᆊЏᇐⱘජᏖП䯈ⱘ᭫ѝDŽ᮴䆎ԩᯊԩഄˈ া㽕ЁݰᴥऴӬഄԡˈЁⱘ䌘ᴀЏНህᰃӕϮᓣⱘǃ⣀ゟѢᬓ ⊏ⱘˈᑊϨᰃܙ⒵ゲѝ⌏ⱘDŽ᮴䆎ԩᯊԩഄˈা㽕ЁජᏖऴЏᇐ ഄԡˈЁⱘ䌘ᴀЏНህӮᳱⴔձ䌪Ѣᬓ⊏ᆊ䲚ᴗⱘᮍথሩDŽ ସටᆇၡศਗ਼ڦ࿒ዝ Ϟ⍋ᰃЁජᏖথሩ᳔ᰒ㨫ⱘ䈵ᕕˈ݊⦄ҷ࣪ⱘᨽὐǃ༶ ՜કଚᑫ᳔ܼ催ⱘҎഛGDPՓ݊៤ЎЁⱘ㣗ජᏖüüϔϾᆊ 䌘ᴀЏН㦋ᕫ៤ࡳⱘ᳔ད՟䆕DŽџᅲᵰⳳབℸ৫˛䞛⫼᳝ᅲ䰙ᛣН ⱘ㒣⌢៤ህᣛᷛᴹ㸵䞣ˈϞ⍋ⱘথሩ䖰ϡঞ⏽ᎲDŽ⏽ᎲᰃԡѢϞ⍋फ䖍 ᭄ⱒ㣅䞠ҹϔϾ⌭∳ⳕⱘජᏖˈ䖭䞠ᰃӕϮ䌘ᴀЏНⱘϔ⠛ФೳDŽϞ Ϫ㑾80ᑈҷ߱ᳳˈՓ⏽Ꮂ䯏ৡѢϪⱘҙҙᰃᅗ䙷ࢸࢇⱘ⇥ݰDŽᔧᯊˈ ⏽Ꮂⱘ500ϛሙ⇥ЁˈජᏖҎষ䖬ϡࠄ10%DŽབҞˈ⏽ᎲᰃЁ᳔⌏ ⱘජᏖˈ᭄݊䞣ӫⱘӕϮЏᆄⴔ⌆ⱘ᳡㺙ᏖഎDŽ㗠Ⳍ↨Пϟˈ᳒㒣 ⣀߯ᗻⱘ㾷އᮍḜ1Ҫ䅸Ўˈ䖭ѯӕϮ᮶᳝᳝݀ࠊⱘᔶᓣˈৃҹ䙓ܡ㹿 ᥴ༎ˈৠᯊজ㛑ᅲ⦄⾕㧹ӕϮⱘ催ᬜ⥛DŽ ㅔ㗠㿔Пˈ㽓ᮍ㒣⌢ᄺᆊᐌᐌ䅸Ўе䬛ӕϮᔦе䬛ᬓᑰ᠔᳝DŽህ 2005ᑈˈϔԡ䇎䋱ᇨ༪ᕫЏ䘧Ḑᢝᮃ•㔫ᮃljढᇨ㸫᮹NJϞ᪄᭛ ᣛߎˈе䬛ӕϮĀϢ㒣⌢ᄺЁⱘᷛޚӕϮᕜᇥ᳝ⳌԐП໘ā 2DŽԚ᳝䆕 㸼ᯢˈᚙމᑊ䴲བℸDŽЁࡵ䰶1984ᑈ3᳜1᮹থᏗⱘϔӑᬓㄪᗻ᭛ ӊЁˈϔℷᓣᦤࠄње䬛ӕϮⱘৡ⿄DŽ䆹᭛ӊᇚᅗӀᅮНЎĀ⬅е 䬛ЏࡲⱘӕϮǃ⬅⇥ݰ㒘៤ⱘ㘨ড়ӕϮǃ݊Ҫ㘨ড়ӕϮϾԧӕϮDŽā Ā⬅е䬛ЏࡲⱘӕϮāϔ䆡ᣛⱘᰃᔦе䬛᠔᳝ᑊㅵ⧚ⱘ䲚ԧӕϮDŽ䆹ᬓ ㄪ᭛ӊЁᦤࠄⱘ᠔᳝݊ҪӕϮഛЎ⾕㧹ӕϮ˖ϾҎ᠔᳝ⱘӕϮ᳝Ͼ 㙵ϰⱘ䕗ൟӕϮüü䛑ᰃϹḐᛣНϞⱘĀ㒣⌢ᄺЁⱘᷛޚӕϮāDŽᅬ ᮍᇍĀе䬛ӕϮāϔ䆡ⱘՓ⫼᳝䴲ᐌᰒ㨫ⱘϔ㟈ᗻ˖ᅗϔⳈᰃ᮶ࣙᣀ ⾕㧹ӕϮˈгࣙᣀᬓᑰЏࡲⱘӕϮDŽ ႎঢ়षఇ๕Բጲᆯࡻ߸ׇ 㽓ᮍ㒣⌢ᄺᆊП᠔ҹӮ⢃䫭䇃ˈᰃЎҪӀ䅸ᅮ䆹ৡ⿄⍝ঞࠄ᠔᳝ ࠊDŽԚЁᅬᮍैҢഄ⧚НϞএ⧚㾷ᅗüüԡѢе䬛ⱘӕϮDŽЁݰϮ བᵰⷨおϔϟ⌭∳ⳕϢ݊࣫䚼䖥䚏∳㢣ⳕⱘ㒣⌢⢊ˈމ䖭⾡ᇍ↨ህ Ӯࡴ⏙᱄DŽ䖭ϸϾⳕӑৃҹ䖯㸠䖥Тᅠ㕢ⱘ↨䕗DŽᅗӀⱘഄ⧚ᴵӊᏂ ϡⳌৠ˖䛑ᰃ⊓⍋ⳕӑˈ∳㢣ԡѢϞ⍋࣫䴶ˈ㗠⌭∳ԡѢϞ⍋फ䴶DŽ ᅗӀ䖬ᢹ᳝ⳌԐⱘӕϮথሩग़˖䛑ᇍ㾷ᬒࠡϞ⍋ⱘᅲϮᆊӕϮᆊ䰊 䚼ⱘ䆄ᔩ䆕ᯢˈ⾕Ҏᢹ᳝ᑊㅵ⧚ⱘӕϮᅲԧе䬛ӕϮЁऴ㒱䚼ߚDŽ 1985ᑈࠄ2002ᑈᳳ䯈ˈ䲚ԧ᠔᳝ࠊӕϮⱘ᭄䞣Ѣ1986ᑈ䖒ࠄ乊ዄˈЎ 173ϛᆊˈ㗠⾕㧹ӕϮⱘ᭄䞣ै䖙⣯䭓ˈҢ㑺1050ϛᆊࡴࠄ䍙䖛 2,000ϛᆊDŽᤶহ䆱䇈ˈᬍ䴽ᯊᳳˈе䬛ӕϮ᭄䞣ⱘ䭓ᅠܼᔦࡳѢ⾕ 㧹ӕϮDŽࠄ1990ᑈˈᬍ䴽ⱘ༈10ᑈЁˈℸ㉏⾕㧹ӕϮ䲛⫼ⱘࢇࡼ᭄ 䞣ऴࠄње䬛ӕϮ䲛⫼ࢇࡼᘏ᭄ⱘ50%ˈ㗠ৢ߽⍺߭ऴࠄњ58%DŽ ᇍЁথሩⱘⳳℷ⑤⊝ⱘᗱᛇ⏋хг᧙хњҎᇍЁӕϮߎ⦄ 䰙ᏖഎϞⱘ⧚㾷䅸ⶹDŽҎӀᐌ䇈ˈЁЎܼ⧗ゲѝᏺᴹњᮄⱘӕϮ ᓣˈᆊ᠔᳝ࠊϢᯢᱎⱘ䖤⫼ᬓᑰᇍ䞥㵡ⱘࠊⳌ㒧ড়ˈ߯䗴њ⣀ϔ ᮴Ѡⱘゲѝ⑤⊝DŽ䅵ㅫᴎࠊ䗴ଚ㘨ᛇ݀ৌህ㒣ᐌ㹿䌲乖ЎЁ䴲Ӵ㒳 ଚϮ⦃๗ЁⱘϔϾᵄDŽ Ԛᰃˈ㘨ᛇⱘ៤ࡳ䚼ߚ㽕ᔦࡳѢ݊ᮽᳳ֓佭␃⊼ݠᑊ佭␃ࢳ 䲚䌘ᴀⱘ㛑ˈ㗠佭␃㹿䅸ЎᰃϪ⬠Ϟ᳔㞾⬅ⱘᏖഎ㒣⌢DŽ1984ᑈˈ㘨 ᛇ݀ৌҢЁ⾥ᄺ䰶㦋ᕫњϔヨਃࡼ䌘䞥ˈԚ݊ৢ᠔᳝䞡ᡩ䌘ⱘ䌘 䞥ഛᴹ㞾Ѣ佭␃3DŽ1988ᑈˈ䆹݀ৌҢᘏ䚼ԡѢ佭␃ⱘЁᡔᴃ݀ৌ㦋ᕫ њ90ϛ␃Ꮥ˄11.6ϛ㕢ⱘ˅ܗᡩ䌘ˈ៤ゟњড়䌘݀ৌˈՓ㘨ᛇ㛑ᇚ佭 ␃Ў݊⊩ᅮⱘ݀ৌ᠔ഄDŽ1993ᑈˈ佭␃㘨ᛇ݀ৌ佭␃䆕ࠌѸᯧ᠔ 佪݀ᓔϞᏖˈ䲚䌘1,200ϛ㕢ܗDŽ㘨ᛇ݀ৌᰃ佭␃ѢᏖഎⱘ䞥㵡Ϣ⊩ ᕟԧ㋏ⱘ៤ࡳᬙџˈ㗠ᑊ䴲Ё⬅ᆊࠊⱘ䞥㵡ԧ㋏ⱘ៤ࡳḜ՟DŽ ᔧЁ≆পढᇨ㸫ዽⱘᬭ䆁ˈᑊޚᑨᇍܼ⧗㒣⌢Ԣ䗋Пᯊˈ ᅗৃ㛑ⱘخ᳔㊳㊩ⱘџᚙ㥿䖛ѢএফᅗᏆ㒣থ⦄њ↨㞾⬅Ꮦഎ催ᬜ ሖߎخ䖛䞡䋵⤂DŽ✊㗠ˈᬍ䴽ҹৢⱘ㢹ᑆᑈ䞠ˈ∳㢣ⳕᓩњ ᡩ䌘ᑊҢ݀݅ᓎ䆒ᎹᓔᬃЁফⲞ乛ˈ㗠⌭∳ⳕैϡ✊DŽ䖭⾡Ꮒᓖѻ ⫳њҸҎৗⱘ㒧ᵰDŽ ⱘথሩᓣⱘ䇈⊩DŽЁ㒣⌢༛䗍ⱘⳳℷ㒣偠݊ᅲ䴲ᐌӴ㒳üüѢ⾕ ᳝ࠊ㞾⬅Ꮦഎ䞥㵡DŽЁⱘ㒣偠ЎܼϪ⬠ᦤկњ䴲ᐌঞᯊⱘᦤ⼎˖ᮼ 哧ࢅ䖭ѯ䞣থሩⱘᬍ䴽ⱘ⹂༣ᬜDŽ ᰃЁ᳔ᮽⱘᅲϮᆊФುⱘϞ⍋ˈབҞैᕜᇥ⍠⦄ߎᴀೳӕϮᆊDŽ ⏽Ꮂⱘ䕀ൟТᅠܼᰃ䴴㞾⬅Ꮦഎᬓㄪᴹᅲ⦄ⱘDŽᮽ1982ᑈˈ ᔧഄᅬਬህᓔྟ䆩㸠⇥䯈׳䌋ǃ㞾⬅߽⥛ǃᄬ䌋ℒᴎᵘⱘ䎼ഄऎゲѝˈ ҹঞ⾕㧹ӕϮᦤկ䌋ℒㄝDŽ⏽ᎲᏖᬓᑰ䖬ֱᡸ⾕㧹ӕϮᆊⱘ䋶ѻ ᴗˈᑊҢ݊Ҫ䇌ᮍ䴶ՓජᏖ᳝߽ѢӕϮⱘথሩDŽ ᴀೳӕϮЎ⇥⫳⽣⼝ᏺᴹњҔМব࣪৫˛䴲ᐌDŽᣝҎഛGDP䅵ˈ Ϟ⍋Тᰃ⏽Ꮂ᠔ⱘ⌭∳ⳕⱘϸ˄ס䲒ҹ㦋ᕫ⏽ᎲҎഛGDPⱘ䆺㒚᭄ ˅DŽԚᰃˈབᵰ㸵䞣ᆊᒁᬊܹüüϔ㠀ሙ⇥ⱘᅲ䰙ⱘᬃߎ㛑üü䖭 ϸϾഄऎⱘ㐕㤷ᑺህ᮫哧ⳌᔧњDŽ2006ᑈˈϔϾൟϞ⍋ሙ⇥ⱘᆊᒁ ᬊܹ↨ϔϾൟ⌭∳ሙ⇥ⱘᆊᒁᬊܹ催13%ˈԚϞ⍋ሙ⇥ⱘ䴲Ꮉ㭾ᬊܹ ∈ᑇ˄བᬓᑰ⽣߽˅ैТᰃ⌭∳ሙ⇥ⱘϸסDŽϸഄሙ⇥ⱘᑇഛࢇࡼᬊ ܹԧⳌᔧDŽᑇഛᴹⳟˈϞ⍋ሙ⇥Ң㒣㧹ӕϮЁ㦋ᕫⱘᬊܹ↨⌭∳ሙ⇥ Ԣ44%ˈ㗠Ң᠔ᢹ᳝ⱘ䌘ѻЁ㦋ᕫⱘᬊܹ߭㽕Ԣ34%DŽ䖭ህᛣੇⴔ˖ ᆊ䌘ᴀЏНৃҹᦤ催ජᏖ催ὐॺⱘὐ催GDPⱘ㒳䅵᭄ˈԚᑊᦤ छሙ⇥ⱘᅲ䰙⫳⌏∈ᑇDŽ ኅॿᇑॿ໋ঢ়षጒԲড 20ᑈࠡˈ∳㢣ⳕ↨⌭∳ⳕЎᆠᒊˈԚབҞै↨⌭∳かˈ↣ϔ乍 䞡㽕ⱘ㒣⌢⼒Ӯ⽣߽ᣛᷛϞ䛑㨑ৢѢ⌭∳DŽᑇഛᴹⳟˈ⌭∳ሙ⇥ⱘ䌘 ѻᗻᬊܹ㽕催Ѣ݊࣫ᮍ䚏ⳕⱘሙ⇥ˈҪӀሙԣⱘ᠓ᄤˈᢹ᳝⬉ ፕኁ० 䆱ǃ䅵ㅫᴎǃᔽ⬉ǃⳌᴎ≑䔺ⱘ↨՟催DŽ⌭∳ⱘ၈⅏ܓѵ⥛Ԣˈ ⌭∳Ҏⱘᑇഛ乘ᳳᇓੑ䭓ˈ䆚ᄫ⥛г催DŽؐᕫ⊼ᛣⱘᰃˈ⌭∳ⱘᬊ ܹϡᑇㄝᑺг䖰䖰ԢѢ∳㢣DŽᑨ䆹བԩ㾷䞞⌭∳㚰ϔㅍⱘ㐕㤷ਸ਼˛ 咘Ѯ⫳ˈ咏ⳕ⧚Ꮉᄺ䰶Sloanㅵ⧚ᄺ䰶ࡃᬭᥜˈҢџᬓ⊏㒣⌢ᄺⱘᬭ ᄺᎹˈ߯ᓎᑊㅵ⧚咏ⳕ⧚Ꮉᄺ䰶ⱘЁॄᑺᅲ偠ᅸˈ䆹ᅲ偠ᅸᮼ ᐂࡽᴀೳӕϮᆊᦤ催ㅵ⧚ᡔ㛑DŽᴀ᭛ᨬ㞾݊lj᳝Ё⡍㡆ⱘ䌘ᴀ ᳔ҸҎֵ᳡ⱘ㾷䞞ᰃˈ∳㢣ˈᬓᑰᇍ㒣⌢ᑆ乘䖛ˈ℻㾚ᴀഄӕϮ㗠 䴦ⴤ䌘ᴀ˗㗠⌭∳ⱘᅬਬ߭䅽ᴀೳӕϮᆊᢹ᳝㞾⬅ᬃ䜡ᴗˈܕ䆌Ҫ ЏН˖ӕϮ㊒⼲ϢᆊNJ(Capitalism with Chinese Characteristics: Entrepreneurship and the State)ϔкDŽ Ӏᵘᓎǃᆠ᳝⌏ⱘᴀഄկᑨ䫒DŽ ⊼䞞˖ ဇݛጆॆٱဃ 1. 㑺⨳•ᮃ㩖Ḑ䞠(ݍJoseph Stiglitz): “The transition from communism to market: Ё㒣⌢༛䗍ⱘⳳℷ䲒㾷П໘ᑊϡᰃ݊㒣⌢བԩথሩˈ㗠ᰃ㽓ᮍϧ ᆊЎԩᇍ݊থሩग़ⱘ⧚㾷䫭䇃ⱒߎDŽϔϾॳᰃˈ䖭ѯᴹᮕ㾖㗙䇃 㾷њᵘ៤Ё㒣⌢ԧ㋏᳔ᴀⱘܗ㋴Пϔüüе䬛ӕϮüüⱘᗻ䋼DŽϔ A reappraisal after 15 years”, ⌆݈ᓔথ䫊㸠ᑈӮˈӺᬺˈ2006ᑈDŽ ѯ㽓ᮍ᳔ⶹৡⱘ㒣⌢ᄺᆊᇚе䬛ӕϮ⿄Ў᳝Ё⡍㡆üü᳝߯ᮄᛣ Нⱘ⏋ড়ԧˈᬓᑰⱘࠊϟᅲ⦄њ催䗳䭓üüⱘ䌘ᴀЏН䈵ᕕDŽ՟ 3. Qiwen Lu᠔㨫"China's Leap into the Information Age: Innovation and Organization in the Computer Industry"ϔк, 㒑㑺˖⠯⋹ᄺߎ⠜⼒ˈ2000ᑈDŽ བˈ䇎䋱ᇨ༪ᕫЏ㑺⨳•ᮃ㩖Ḑ䞠ݍህ⿄䌲е䬛ӕϮЎҢ⼒ӮЏНࠄ䌘 ᴀЏН䕀ൟᯊ᳔ᐌ㾕ⱘ䯂乬üü⾕Ҏᡩ䌘㗙ⱘ䌘ѻ࠹⾏üüᦤկњ᳝ 1992-2008DŽᴀ᭛㒣呺㚃䫵݀ৌᥜᴗ䕀䕑DŽ 24 2. 䘧Ḑᢝᮃ•㔫ᮃ˄Douglass C. North˅᠔㨫, "The Chinese menu (for development)"ˈljढᇨ㸫᮹NJˈ2005ᑈ4᳜7᮹DŽ ॳ䕑Ѣ«呺㚃䫵ᄷߞ» (china.mckinseyquarterly.com)DŽ⠜ᴗ᠔᳝ ©呺㚃䫵݀ৌ Business and Economic News ฆᄽঢ়षႎ࿕ CEO-Interview / CEO-ϧ䆓 “Entering the World of Sound” Bringing good to the people is his key motivation driver, says Urs Eller of Phonak Interview, Fabian Gull, Editor in Chief Urs Eller: SwissCham Shanghai CEO of the Year 2009 16 th SwissCham SHA Congratulations Urs Eller, you have been awarded as SwissCham CEO of the Year 2009. How many Chinese are currently wearing a Phonak hearing aid? Thank you very much! Let me calculate it quickly. About 100’000 persons. How many years did it take you to get this number? Four years. To give you an idea of our speed of growth: Back in 2004, Phonak and Unitron - formerly a Canadian competitor bought by Phonak in 2000 - had two independent sales agents in China and together sold 2’500 units a year. Before Phonak, you worked in com26 CEO Interview ጺݡ༌ Mr. Urs Eller CEO of Phonak pletely different industries like sanitary installations or telecom equipment provider. True. In China I worked for Geberit and Daetwyler Cables, being responsible in similar functions for start ups in the Chinese market. Today, I identify myself very much with the med-tech industry and our products in particular, because you bring something good to people with hearing impairment! hearing impaired children. Some of them are also born deaf. China has one of the highest rates of hearing impaired children in the world, caused by antibiotic treatments prescribed to women in the past during pregnancy. These school visits are always very touching, especially when you see kids’ reactions when they ¿rst get a hearing aid allowing them to enter into a completely new world – the world of sound! How important is this industry identi¿cation for you? Very important. Let me try to explain it to you. I often go out for frontline visits to deaf schools, which are schools for How do these children react? Some of them laugh, others start crying or are even scared at the beginning. But this is just the ¿rst step. Now they have to learn to speak! The goal of deaf ฆᄽঢ়षႎ࿕ Business and Economic News CEO-Interview / CEO-ϧ䆓 From left: Dominique Lauener (Swiss Centers Shanghai), Urs Eller (Phonak), Christian Guertler (SwissCham Shanghai), Walter Eglin (PrimeAlloy), William Keller (Keller Consulting) SwissCham SHA schools and rehabilitation centres is to reintegrate children in the normal education system. And here in China, with its one child policy, parents have a strong interest offering the best chances for their kids’ education and professional career. Being involved in all this and to be able to substantially contribute to a better life is something wonderful and for me de¿nitely a key motivation driver! What is the difference between Phonak and Unitron products? Basically there are four segments: basic, economy, business and high-end. Phonak focuses on middle to high-end products whereas Unitron is our brand for the mass market. Before Phonak acquired Unitron, Phonak had few products in the basic and economy segment. Meanwhile, R&D activities of both brands are coordinated and synergies are used for new software and hardware components. However, current hearing aid generations represent highest technology in their endeavour to copy the natural human hearing system to the maximum possible. How much is an average hearing aid? Consumer prices range from RMB 1000 up to RMB 30’000. How many units do you sell today? We don’t disclose units and turnover data by country. What I can tell you is our annual growth rate. We’ve grown double digit and have outpaced our competitors over the course of the last four years. Worldwide, the Sonova Group, which embraces our activities in over 90 countries, sells more than one million hearing aids annually and we are now number one in the hearing industry. Which is the most important segment? I sell mainly basic and economy segment products. Are the middle and high-end segments becoming more important? The high-end segment is becoming more important, particularly for the paediatric market for hearing impaired children. Parents want to provide the best solution for their kids and thus buy the best solution available. Hearing impaired adults on the other hand go for the most economical solution. Do you have any R&D activities in China? R&D centres are based at the location of the 2 brand headquarters. In China, we focus on manufacturing and domestic sales. Does a Chinese customer who buys your cheapest product for RMB 1000 get any ¿nancial support or coverage? I would be happy if there was such a cover! This would boost our sales signi¿cantly! But unfortunately - ¿rst and foremost for the patients - there is no such cover. There are occasionally government donations to deaf schools and donations to the poor in remote areas. But the majority has to pay out of their own pockets. The Chinese government has announced comprehensive reformation of the health care system and its implementation until 2020. It will be very interesting to observe the impact for our industry in this respect. How big is the market potential in China? As we know from global statistics, about 10-12% of the population is hearing impaired. In China, it is even more. So this would be at least 130 million people – but the current market volume is only half a million units a year! And from this half a million units, a big share is very cheap pocket hearing aids providing simple ampli¿cation. These devices are available for around RMB 150. Due to the very limited advantages, we don’t sell such devices. In order to grow the business, creating more awareness is also essential. Especially older people are not aware that they actually can do something about hearing impairments. The very low penetration rate, together with the existing number of hearing impaired persons, gives you an idea of the potential for our industry in China. Are Chinese competitors catching up? Surprisingly, there is only one domestic company - but we don’t really consider them as competitors since they don’t really move on in respect of innovation and technology. The hurdle to enter our industry is pretty high and requires much knowledge in audiology, electronic science and software development. Basically our competitors in China are the same as elsewhere in the world. Our industry is dominated by six big players: Three from Denmark, one is German, one is American, and Phonak from Switzerland. What is your contribution to the group turnover? When you ask my boss, he will tell you “still too little” (laughing). Overall, 8% of the group turnover is generated in Asia. Are you happy with the level of quality at your production site? Actually, very happy! I call it “Swiss Quality made in China!” Absolutely perfect! Our workers – especially the women – are very skilled in doing manual soldering operations under the microscope. Eight 27 Business and Economic News ฆᄽঢ়षႎ࿕ CEO-Interview / CEO-ϧ䆓 hours every day! This is tough work! I don’t get to hear this a lot. How do you manage “quality”? It’s not that dif¿cult. I control and steer quality and ef¿ciency via a monthly bonus system. Thirty percent of the salary of blue collar workers is divided in two parts – ef¿ciency and quality. With this, you can maintain a very high level of quality relatively easily. At the end of the assembly process, we conduct two 100% controls - meaning every unit is checked twice. A fully automated function-test is followed by a listening test. In addition, the quality department does random checks of production batches too. Quality has been a key management issue from the beginning; because when we started producing in China some ¿ve years ago, we could not afford having different kinds of qualities – let’s say a Chinese and a Swiss quality. Units produced in China are also sold internally to my colleagues all over the world and you can bet on that, they are very picky! There is no difference at all? There is one: Our quality is even higher 28 and we produce cheaper (laughing)! But joking aside, my minimal requirement to my people at the factory in Suzhou is the Swiss quality level. Otherwise nobody takes us seriously. How would you describe your management style? Very open and direct. People around me easily know when I am happy, but also when I am not pleased. I praise and criticize based on the tasks and results achieved. It took my local employees a while to cherish this style, but today they like it very much, because of the much higher ef¿ciency. The younger generation of Chinese are very keen to learn and appreciate direct feedback. I am highly motivated myself - and as a result - I believe I am also a good motivator. I handle my “business wallet” as carefully as I handle my private wallet. And I don’t change my mind too frequently. You have to have a clear opinion of where you want to go and how to get there. I would describe myself as very pragmatic and a fast decision maker. By becoming older I listen more to my inner voice, to my gut feeling, which I can count on. Straightforwardness can also create tensions – particularly here in China. Yes, you are absolutely right. When I arrived in China some 12 years ago my leadership style was a totally different one. I had some set-backs and frustrating moments to overcome, adapting my style to the one required to be successful. In what regard? I came over with this kind of European “team work” approach which didn’t work at all. Whenever I asked for team members’ opinions, I got no feedback, no contribution. People were not ready. So I had to go one step back putting policies in place, give very precise instructions, like what they have to do, up till when I expect the results and control the results. This was not the style I liked, but there was no other way at the beginning. Slowly I brought in what I wanted to do from the beginning - to develop our employees, to delegate responsibility and to empower them accurately. Ultimately, I always tried to create a good working environment, creating a kind of family feeling within the company. ฆᄽঢ়षႎ࿕ Business and Economic News CEO-Interview / CEO-ϧ䆓 “ำᅼڦ๘হ” ރ૰ዐࡔጺUrs Eller๖ሰޟට்ڦዷᄲۯ૰ሞ 䆓䇜ˈᮍᖙᅝˈᴀߞЏ㓪 Urs Eller: Ϟ⍋⨲ଚӮ2009ᑈᑺCEO SwissCham SHA 16 th CEO Interview ጺݡ༌ Mr. Urs Eller CEO of Phonak Urs EllerံิLjࠁဠړྺፕྺዐࡔ๗ฆ ࣷ2009܈ፌॅဝኴႜ࠳LjኪLjణമ ᆶܠณዐࡔටሞ๑ᆩރ૰ڦዺདยԢǛ ⱘDŽЁᰃϪ⬠Ϟܓス䱰⥛᳔催ⱘᆊ ПϔˈॳЏ㽕ᰃҹࠡཛཇᗔᄩᳳ䯈᳒ফ 䖛ᡫ⫳㋴⊏⭫DŽࠄ䖭ḋⱘᄺ᷵䆓䯂ᘏᰃᕜᛳҎ ᡔᴃᏆ㒣ҷ㸼ҪӀࡾᅲ⦄᳔ৃ㛑ⱘࠊ Ҏ㉏⫳ⱘ㾝㋏㒳ⱘ᳔催∈ᑇDŽ 䇶䇶ʽ䅽៥ᴹᖿ䗳ⱘ䅵ㅫϔϟDŽὖ᳝10ϛҎDŽ ⱘˈᇸ݊ᰃᔧԴⳟࠄᄽᄤӀϔ䗮䖛ࡽ䆒 䖯ܹࠄϔϾܼᮄⱘϪ⬠üໄ䷇ⱘϪ⬠ᯊҪӀ ᠔ߎⱘডᑨʽ ᅃ༫ዺདยԢڦೝॏ߭ܠณ఼Ǜ ే்ᆩକ้ܠक़֍ڟٳକኄᅃຕጴ఼Ǜ ే்ڦၨଉ఼ٷܠǛ ಯᑈⱘᯊ䯈DŽ2004ᑈˈዄҹঞӬ߽ᒋüᅗ ᴹ㞾ࡴᣓˈ᳒㒣ᰃዄⱘゲѝᇍˈ2000 ᑈ㹿ዄᬊ䌁üЁ᳝ϸϾ⣀ゟⱘ䫔ଂҷ⧚ ଚˈܼᑈ݅䫔ଂ2500༫ࡽ䆒ˈ⬅ℸৃ㾕ዄ ኄၵ࡚ጱᆶ๊ᄣݒڦᆌ఼Ǜ ⱘ䭓䗳ᑺDŽ Ӏᖙ乏ᄺд䇈䆱ʽ㘟Ҏᄺ᷵ϢᒋЁᖗህᰃЎ њՓ䖭ѯᄽᄤ䞡ᮄ㵡ܹℷᐌⱘᬭ㚆㋏㒳DŽ㗠 ⣀⫳ᄤཇᕜⱘЁˈ⠊↡ᇍѢ㒭ᄽᄤᦤկ᳔ ڍሞेރ૰ኮമLjٗ๚ڦᇑރ૰ྜඇ փཞႜᄽ߾ڦፕLjස࿐ิยԢࢅۉ႑ยԢႜᄽă ⍜䌍㗙䌁фⱘӋḐ1000ࠄܗ30,000ܗП䯈DŽ ᳝ⱘᄽᄤӮュˈ᳝ⱘᄽᄤӮુˈ⫮㟇᳝ⱘᄽᄤ ߮ᓔྟӮফࠄ১DŽԚ䖭াᰃϔℹˈ⦄Ҫ ↣Ͼᆊⱘ䫔ଂ䞣ঞ䫔ଂ乱䛑ᰃϡ㛑݀ᓔⱘˈ ៥ৃҹਞ䆝Դⱘᰃᑈ䭓⥛DŽ៥Ӏⱘ䭓⥛ ϸԡ᭄ᑊϨ䖛এⱘಯᑈ䞠Ꮖ㒣䍙䖛њゲѝᇍ DŽϪ⬠㣗ೈˈݙSonova䲚ಶᢹ᳝៥Ӏ݀ৌ 90ϾᆊⱘϮࡵˈ݊↣ᑈৃ䫔ଂ100ϛ ৄࡽ䆒ˈ៥Ӏ㞾✊៤ЎϪ⬠ࡽ䆒㸠Ϯ ⱘ啭༈㗕DŽ ᰃⱘDŽ៥Ё᳒㒣Ўঢ়म䲚ಶ⡍࿕ࢦ⬉ 㓚䆒᳝䰤݀ৌᎹˈ䛑ᰃ䋳䋷ЁᏖഎⱘ དⱘᬭ㚆ᴎӮህϮᴎӮ᳝ⴔᔎ⚜ⱘ݈䍷DŽৃ ҹখϢ݊ЁᑊЎҪҎདⱘ⫳⌏ߎᕜ䋵⤂ ᰃᕜ㕢ⱘџˈгᰃ៥ⱘЏ㽕ࡼ᠔ʽ ਃࡼᎹDŽ⦄ˈ៥ؒѢए⭫ᡔᴃ㸠Ϯˈ ᇸ݊ᰃ៥ӀⱘѻકˈЎᅗӀᐂࡽњ䙷ѯ᳝ ރ૰ׂڦᇑᆫ૧ׂڦᆶ๊փཞ఼Ǜ 䱰ⱘҎӀʽ ៥ӀⱘѻકЏ㽕᳝ಯ⾡˖ᴀൟǃ㒣⌢ൟǃଚ ዐߛׂڦ܋ૌ႙ޏՎڥሁઠሁዘᄲ఼Ǜ 催ッѻક㉏ൟবᕫ䞡㽕њˈᇸ݊ᰃ䩜ᇍ᳝ ኄ߲ႜᄽܔᇀేઠຫᆶܠዘᄲ఼? ࡵൟ催ッѻકDŽዄЏ㽕䩜ᇍЁ催ッѻકˈ 㗠Ӭ߽ᒋ䩜ᇍӫᏖഎDŽዄᬊ䌁Ӭ߽ᒋП ࠡˈዄᕜᇥ᳝ᴀൟ㒣⌢ൟⱘѻકDŽ㗠⦄ 䴲ᐌ䞡㽕DŽ䅽៥ᴹЎԴ㾷䞞ϔϟDŽ៥㒣ᐌӮࠄ ϧЎ᳝䱰ⱘᄽᄤᓎゟⱘ㘟Ҏᄺ᷵䖯㸠ᅲ ഄ䆓䯂ˈ䖭ѯᄽᄤЁ᳝ϔѯᰃ⫳ህϡ㾕 ፌዘᄲׂڦૌ႙๊Ǜ ៥Џ㽕䫔ଂᴀൟঞ㒣⌢ൟⱘѻકDŽ ˈ ϸϾક⠠ⱘⷨথᎹⳌѦण䇗ˈᮄⱘ䕃 ӊ⹀ӊܗӊϞ䛑ⳌѦ䜡ড়DŽϡ䖛ˈⳂࠡⱘࡽ 䱰ⱘܓスᏖഎDŽ⠊↡ᏠᳯЎᄽᄤᦤկ᳔དⱘ㾷 އᮍḜˈ㗠Ӯ䗝ᢽ⦄᳝ⱘ᳔དⱘ䆒DŽ㗠᳝ 䱰ⱘ៤Ҏ䗝ᢽ᳔㒣⌢ⱘѻકDŽ 29 Business and Economic News ฆᄽঢ়षႎ࿕ “Thrilled About New Assignment” Conversation with the new Swiss Ambassador to China, Blaise Godet Interview, Nicolas Musy, Vice-Chairman SwissCham China, Chairman of the Editorial Board Ambassador of Switzerland to the People’s Republic of China: Blaise Godet. Blaise Godet Mr. Ambassador, you have taken the post in Beijing for a bit more than three months now. Would you tell us about your previous postings? My career has been a mixed bag so far: Middle East, Asia, multilateral diplomacy and international law. I must say I am very much thrilled about my new assignment! The United Nations Embassy must have been a very interesting experience due to the involvement with all the other nations. How did you perceive the Chinese delegation in Geneva? Were there many occasions for you to work with them? China has been a key actor in the creation of the Human Rights Committee. Both Switzerland and China insist on a holistic approach with regard to human rights: political and civil rights as well as economical, social and cultural rights are the two sides of a same coin. They do not oppose but complement each other. 32 After experiencing Beijing for a few months, do you ¿nd it very different than what you imagined ? What struck you most ? What strikes the new comer here is the dynamism of the Chinese society. We certainly envy the growth rate of the Chinese economy, although it has its costs in terms of environment and social protection. Swiss people, even the seasoned travellers, will always be amazed by the size of the larger urban areas in China. My whole country is as big - or as small - as the City of Beijing! In terms of Swiss-China relations, what do you expect to be the most important activities for you during your stay in China? Do you have any project that you would hope to see ful¿lled? I ¿rst would like to mention the recent visit of Prime Minister Wen Jiabao to Berne and Davos in January 2009, which we consider an important milestone in our bilateral relations. We also hope that the year 2010, which will mark the 60th anniversary of the establishing of diplomatic relations between the two States, will also offer opportunities for contacts at highest of¿cial level. I shall also mention the participation of my country in the Shanghai World Expo next year and I can safely say that it is our intention to make the Swiss Pavilion one of its hallmarks. The construction shall start soon. Prime Minister Wen Jiabao opened the Davos summit on Chinese New Year’s day and was received by our President and four Federal Councilors. In addition the visit of the Commerce Minister, Chen Deming, accompanied by 120 people resulted in the signing of a new investment protection agreement, the promise to do a feasibility study on establishing a free-trade agreement and a pledge to purchase Swiss products in the amount of USD 300 mio. There are rumors of more such Chinese “buying ฆᄽঢ়षႎ࿕ trips” in Europe. Do you see a renewed drive to intensify bilateral economic relations? As proclaimed by Prime Minister Wen Jiabao on the opening day of the National People’s Congress, China has a policy to favor the purchase abroad of goods and equipment with high-tech value. This is good news for Switzerland as we precisely produce mostly high technology. It is also my impression that China particularly appreciates Swiss production equipment and technology. Through our machine industry we make it easier for China to produce and export quality consumer goods and spare parts. In Davos, Wen Jiabao announced 8% economic growth for China in 2009, and the ¿gure has been reiterated since. Do your recent contacts with the Chinese leadership make you feel optimistic that such performance can be achieved? It is dif¿cult for me to predict if the goal of 8% growth in 2009 can be attained. It would be because China avails itself of a very large internal market which can, to a certain extent, substitute for declining exports. Considering that China is the only major world economy to grow in 2009 and looking at the stimulus packages announced (over Euro 400 bio.) do you think that China should be a signi¿cant help to the Swiss export industry during the recession? China, including Hong-Kong, is nowadays the main Asian trading partner for Switzerland and I am optimistic that in a medium and long term perspective our partnership will further expand. On a personal note. If you could have 3 wishes ful¿lled in China what would they be ? I hope to travel around extensively in China with a view to come to grip with national development realities. I look forward to that perspective. My second wish, actually related to the ¿rst one, is to improve my knowledge about Chinese culture, history and language. I am currently working on it. Lastly, I would like to see the two countries consolidating even further their economical partnership and concluding a free trade agreement to that effect ! Business and Economic News Blaise Godet Blaise Godet was born in 1947 in Neuchatel. He has a law degree from the University of Neuchatel and is quali¿ed as a lawyer. Mr. Blaise Godet is married, has a daughter and a son and two grand-children. He started his professional career in one of the big Swiss banks and entered the diplomatic service in 1974: 1974 Joins the Swiss Foreign Affairs at Headquarters in Berne 1975 South Africa 1976 Directorate of International Law at Headquarters 1980 Saudi Arabia 1984 Permanent Mission to the United Nations in New-York 1986 Directorate of International Law at Headquarters 1993 Ambassador to Thailand, Laos, Myanmar and Cambodia 1997 Ambassador to Egypt and Sudan, and, starting 2000, to Eritrea 2001 Head of the Political Affairs Directorate at Headquarters 2004 Ambassador to the United Nations in Geneva 2008 Ambassador to China, Mongolia and the Democratic People’s Republic of Korea 33 Business and Economic News ฆᄽঢ়षႎ࿕ Swiss Abroad Update / ⨲Ҏ Health Insurance for Swiss Nationals The challenge to select the right cover By Diego M. Rovelli, MSc.M and Managing Partner of Swiss Insurance & Financial Advisors (SIFA) GmbH, Zurich, Switzerland BE READY. To be taken ill in your new host country can get complicated. Lagra Database s outlined in our last article in The Bridge, for any person or family moving to a foreign country, a number of important issues with regard to insurance must be taken into consideration. In The Bridge issue 17 we visited the Swiss government sponsored programs, such as AHV/IV (OASI/DI). In this article we focus on some important issues on the selection of suitable health insurance cover. When preparing for this article we got input from Santésuisse, the association of Swiss health insurers. We also contacted some of the leading health insurers in Switzerland and reviewed health insurance plans from major international health carriers. A 34 When asking expatriates, what comes to their mind when thinking about health insurance or getting ill in the new host country, the following points were raised: - Communication with doctor, nurses (language skills of both medical staff and patient) - Infrastructure of hospitals (e.g. modern MRI equipment) - Quality standards of facilities - Service mentality of hospital staff - Money matters (e.g. deposit, refund of payments etc.) - Professional liability issues, such as recourse to hospital in case of medical malpractice. ฆᄽঢ়षႎ࿕ Business and Economic News Swiss Abroad Update / ⨲Ҏ We can not emphasize enough the importance of taking out appropriate health insurance cover at an early age and before the ¿rst signs of ill health manifest. Once a person is older than 55 and with health problems it gets dif¿cult – if not impossible to qualify for a decent cover. +HDOWKLQVXUDQFHEHQH¿WVLQ6ZLW]HUODQG Residents in Switzerland must sign up for the compulsory cover and can choose among approx. 90 health insurers. The mandatory part (KVG, which is governed by the Health Insurance Law) includes - outpatient treatment (treatment by a qualified physician/ chiropractor) - drugs with a doctor’s prescription (in compliance with the drugs and specialities list) - inpatient treatment (cost for physician, treatment and board in one of the emergency hospitals on the cantonal hospital list. Deductible and a franchise are applicable) In the voluntary part (governed by the Private Insurance Law) you can improve the cover by including a semi-private or private ward (which means that you are treated by the professor) and/or you can include additional covers like free choice of doctor/hospital, homeopathy, vaccinations etc. If you require emergency treatment in a country that is not a member of the EU, your compulsory health insurance will cover up to twice the amount that the same treatment would have cost in Switzerland. 2. Extension of your Swiss cover to overseas When leaving Switzerland for an extended stay in a nonEU country, some of the Swiss health insurers transfer you directly to an international insurer, others offer the option to extend the Swiss coverage (both compulsory and voluntary cover) for up to 6 years against an additional premium. The insurer distinguishes whether you are delegated from your employer or you leave your country on your own. However, you may also be able to suspend your voluntary cover. This means that even if you would discover serious health problems while abroad, after returning to Switzerland your previous cover (voluntary part) would be reinstated. This is very important since a serious illness diagnosed overseas (such as cancer) will normally be considered as pre-existing condition and will therefore be excluded from cover; hence, it is very important that you take up the dialogue with your health insurer well in advance to keep all your options open. 3. International Health insurance covers There is a vast array of providers you can chose from, however, conditions, bene¿ts and prices vary widely. When opting for one of the international health insurers, one has to keep the following in mind: - Does your plan provide for free choice of medical practitioner and hospital? - There is always an annual maximum limit (contrary to the KVG, where you have unlimited cover), and each bene¿t has a separate sub-limit - You have to decide whether treatment in the USA shall be included - Understand the fact that insurers charge tiered premiums, and have age groups of 5 years respectively. Premiums become extremely expensive for higher age groups - There are substantial reduction in premiums, if you accept a deductible - Covers differ greatly, particularly in major eventualities such as transplants and chronic illnesses - Check rating of the health insurer of your choice; will he still be around in a few years? - Outpatient covers may be limited (e.g. outpatient chemotherapy or kidney dialysis sessions might be excluded) - Evaluate whether you want to include a dental plan; are accidents also covered? There are a number of local health insurance providers which also offer international covers, they charge premiums and pay bene¿ts in local currency. 4. Value of insurance brokers Comparison of the various international insurance plans is time consuming and cumbersome. Brokers spend a lot of time continuously monitoring the market of high-quality international health insurance to gain an overview of all key features, bene¿ts, exclusions, options and premiums. They receive a commission from the company whose product is chosen. 5. Summary Health insurance requirements differ from country to country and everyone has individual needs depending on age and occupation. Individuals who do not seek financial protection against medical treatment in a foreign country are putting themselves and their families at risk not only financially, but also physically. Many hospitals worldwide will not treat foreigners who are not covered by an internationally recognized and rated insurer. It is therefore of utmost importance to review from time to time the current arrangements and implement the needed changes or to consult with a professional. Health Insurance Checklist - If delegated by an employer, check whether a corporate plan is available for you - Talk to your present Swiss health insurers and inquire what options they offer you for your extended overseas stay - Be careful to fully disclose your medical history - Make sure that you understand your cover, read the general conditions in detail - Don’t go for cheap short term but for sustainable long term solutions - Lifetime renewability in regard to long-term medical coverage is a must - Keep in mind that good international health plans are becoming very expensive after retirement (up to US$ 1000 per month); provide for this expense in your retirement planning - If you use the services of a broker, make sure that he has the necessary expertise and experience (should not be an exclusive agent, nor tied to any one insurer) Do you have questions, comments, or suggestions for topics to be discussed? Please send an email to: [email protected] 35 Business and Economic News ฆᄽঢ়षႎ࿕ Swiss Abroad Update / ⨲Ҏ ኍܔ๗ࠅ௷ڦᅅଐԍ၃ ስᅃ߲ڦړᅅଐԍ၃௬ଣڦ! 㗙˖Diego Rovelli, Ꮉଚ⸩ˈ⨲ֱ䰽䞥㵡乒䯂݀ৌ(Sifa GmbH)ⱘ㒣⧚ড়ӭҎ ℷ བ៥ӀϞϔᳳlj ḹNJ䞠䯤䗄ⱘˈᇍ↣ϾռሙⱘϾҎ ᆊᒁˈֱ᳝݇䰽ᮍ䴶䛑᳝ϔѯ䞡㽕ⱘџ乍䳔ᜢ䞡㗗㰥DŽ 17 ᳳ䞠ˈ៥Ӏ㉫⬹ഄ䆆䗄њ⬅ᬓᑰ䌲ࡽⱘֱ䰽乍Ⳃˈབ䗔 ӥݏ㗕䞥䅵ߦ / ⅟䱰䰽DŽ䖭ϔᳳ䞠៥ӀӮϧ⊼Ѣҟ㒡᳝݇䗝 ᢽ䗖ᔧए⭫ֱ䰽ⱘ䞡㽕џ乍DŽ៥Ӏޚ䖭㆛᭛ゴᯊˈ៥Ӏᕫࠄ Santesuisse, ⨲ए⭫ֱ䰽㗙णӮ᠔ᦤկⱘֵᙃDŽ៥Ӏг㘨㋏њϔѯ⨲乚ܜ ⱘए⭫ֱ䰽ᴎᵘˈᑊ䞡ᅵњϔѯ⬅Џ㽕䰙ए⭫ֱ䰽ᴎᵘᦤկⱘए⭫ֱ 䰽䅵ߦDŽ ៥Ӏ䆶䯂ռሙⱘҎˈᔧҪӀᛇࠄए⭫ֱ䰽ϔϾᮄⱘ ռሙᆊ⫳⮙ᯊ佪ܜӮᛇ䍋ⱘᰃҔМˈҪӀ ህӮᦤࠄҹϟⱘ⚍˖ - Ϣᔧഄए⫳ˈᡸⱘ䇁㿔≳䗮˄एࡵҎਬ⮙Ҏঠᮍⱘ䇁㿔㛑˅DŽ - ए䰶ⱘ⸔ᓎ䆒ˈए⭫䆒ⱘܜ䖯ᗻ˄བ᳔ܜ䖯ⱘḌ⺕݅ᤃҾ˅DŽ - ݀⫼䆒ᮑⱘ䋼䞣∈ޚDŽ - एࡵҎਬⱘ᳡ࡵᖗᗕDŽ - 䌍⫼ⱘџ乍˄བህएֱ䆕䞥ˈ䗔ಲⱘᏆҬ䌍⫼˅DŽ - ϧϮⱘ䋷ӏᖗᇍ⊏⭫ϡᔧ᠔䞛পⱘⳌᑨᮑDŽ ៥Ӏ䴲ᐌᔎ䇗ᑨᑈ䕏ᯊঞϔ⮙ࠡ⦄ߎܚ䗝ᢽ䗖ᔧⱘए⭫ֱ䰽 ⱘ䞡㽕ᗻDŽ ϔᮺ䍙䖛55 ቕϨ᳝عᒋ䯂乬ˈᇚӮᕜ䲒⫮㟇≵᳝䌘Ḑᕫࠄϔ ϾԴᛇ㽕ⱘ䗖ড়ⱘए⭫ֱ䰽DŽ ӋḐⳌᏂᕜDŽᔧԴ䗝ᢽ䰙ᗻⱘए⭫ֱ䰽ᯊˈԴᖙ乏⬭ᛣҹϟ⚍˖ - Դⱘֱ䰽䅵ߦᰃ৺ᦤկ㞾⬅䗝ᢽएᏜए䰶ⱘᴗDŽ - Ϣ⨲ⱘए⭫ֱ䰽䅵ߦⳌড˄≵ֱ᳝䰽䰤乱˅ˈ 䰙ᗻⱘए⭫䅵ߦ䛑 ᳔᳝催ᑈ䰤乱ˈ↣⾡߽Ⲟֱ䱰䛑䖬᳝݊ऩ⣀ⱘ䰤乱DŽ - Դ乏އᅮᰃ৺ᑨ䆹ࣙᣀ㕢ⱘ⊏⭫DŽ - 㽕њ㾷ֱ䰽݀ৌᬊপ↣䱨5ቕϡⳌৠⱘए⭫ֱ䰽ᑈ䌍ˈᑊᇍᑈ啘䕗 㗙ᬊপ䴲ᐌᯖ䌉ⱘᑈ䌍DŽ - བᵰԴফ䚼ߚ䌍⫼㞾Ҭܡ䌨乱ˈԴᇚᕫࠄᕜⱘᑈ䌍ⱘӬᚴDŽ - ϡৠֱ䰽݀ৌⱘֱ䰽䅵ߦᏂ߿ᕜˈЏ㽕⿏ỡ᜶ᗻ⮙ⱘϡৠֱ䱰DŽ - ẔᶹԴⱘए⭫ֱ䰽݀ৌⱘᥦৡϮ㒽ˈ⹂䅸ᅗᰃ৺ᑈৢ䖬ӮᄬDŽ - 䮼䆞ⱘֱ䱰ৃ㛑Ӯফ䰤ࠊDŽ˄՟བˈ䮼䆞ⱘ࣪⭫⋫㚒ㄝӮ᳝ৃ㛑㹿ᥦ 䰸˅DŽ - 䆘ӋԴᰃ৺䳔㽕ࣙᣀ⠭啓ᛣֱ䰽˛ ᳝Ⳍᔧ᭄䞣ⱘᔧഄए⭫ֱ䰽կᑨᴎᵘгᦤկ䰙ᗻए⭫ֱ䰽ˈҪӀ ҹᔧഄ䋻Ꮥᴹᬊপֱ䰽䌍ᑊᬃҬֱ䰽߽ⲞDŽ 4.ԍ၃ঢ়ुڦॏኵ 1.๗ᅅଐԍ၃ڦ૧ᅮ˖ ᇍӫⱘ䰙ए⭫ֱ䰽䅵ߦ↨䕗ᰃϔӊ䌍ᯊᑊ咏⚺ⱘџᚙˈֱ䰽 㒣㑾㢅䌍Ⳍᔧⱘᯊ䯈ᴹ㓈ᣕᇍ催䋼䞣ⱘ䰙ए⭫ֱ䰽݀ৌⱘⲥ⌟ˈҹ 㦋ᕫᇍ݊᠔᳝Џ㽕⡍ᕕˈ߽Ⲟˈ䰸ᴵӊˈৃ䗝ᢽⱘֱ䰽ֱ䰽䌍ⱘᘏ ԧὖ㾖DŽҪӀᰃҢ㹿䗝Ёѻકⱘֱ䰽݀ৌᬊপԷ䞥ⱘDŽ ⨲ⱘሙ⇥䛑ᖙ乏ㅒ䅶ᔎࠊᗻⱘए⭫ֱ䰽ˈᑊৃ㑺90 Ͼए⭫ֱ 䰽ᴎᵘЁߎ䗝ᢽDŽ݊ᔎࠊᗻⱘ䚼ߚ˄ফए⭫ֱ䰽⊩ㅵࠊ˅㾘ᅮ˖ 5.ጺ - 䮼䆞ⱘ⊏⭫˄⬅ড়ḐⱘएᏜᭈ偼Ꮬᦤկⱘ⊏⭫˅DŽ - ए⫳໘ᮍⱘ㥃ક˄ḍ㥃ક⡍⅞㥃કⱘ⏙ऩ˅DŽ - ԣ䰶ⱘ⊏⭫˄एᏜঞ݊⊏⭫䌍⫼ˈϔ᠔⊼ݠᎲゟए䰶ৡऩϞⱘए 䰶ⱘᗹᬥԣ䰶⊏⭫䌍DŽ݊Ё䚼ߚ䌍⫼㞾Ҭܡ䌨乱ᇚ᳝ৃ㛑ѻ⫳˅DŽ ݊㞾ᜓⱘए⭫ֱ䰽䚼ߚ˄ফ⾕Ҏֱ䰽⊩ㅵࠊ˅ˈԴৃҹᦤ催Դⱘए ⭫ֱ䰽㟇ञ⾕Ҏ⾕Ҏㄝ㑻˄ህᰃ䇈ԴᇚӮ⬅ᬭᥜ㑻ⱘएᏜᴹ⊏⭫˅/ᑊ ᇍए⭫ֱ䰽ⱘ䳔㽕ᰃ⬅ᆊ㟇ᆊϡⳌৠˈ㗠Ϩḍ↣ϾҎᑈ啘 㘠Ϯⱘϡৠ㗠᳝݊䳔㽕ⱘDŽབᵰϾҎϡᇏᡒ㒣⌢Ϟৃ㦋ᕫⱘ ए⭫ֱ䱰ˈᇚ㕂㞾ᏅᆊᒁϡҙѢ㒣⌢Ϟ㗠Ϩᰃ䑿ԧϞⱘ催亢䰽DŽ䆌 ܼ⧗ᗻⱘए䰶ᇚϡ⊏⭫䙷ѯϡ㹿䰙ᡓ䅸ᑊᅮ㑻ⱘֱ䰽݀ৌফֱⱘ ҎDŽ᠔ҹˈ䖭ᰃᵕ݊䞡㽕ⱘˈᅮᳳഄ䞡ᅵ⦄ᯊⱘᅝᥦᑊঞᯊḍϡৠ ⱘ䳔㽕ᬍ᠔ⱘᅝᥦˈ 䆶ϧϮҎDŽ ϨԴৃҹࡴ䰘ࡴⱘֱ䰽߽Ⲟˈ བࣙᣀ㞾⬅䗝ᢽएᏜ/ए䰶ˈ乎⭫⊩ˈ ⾡ㄝ˅DŽ བᵰԴ䳔ϔϾ䴲݅ԧᆊᕫࠄᗹᬥ⊏⭫ˈԴⱘᔎࠊᗻⱘए⭫ֱ ܔᅅଐԍ၃ڦጲॠ֪: 䰽ৃҹ䅽Դⱘ⊏⭫䌍⫼乱㟇݊Ⳍᑨ⨲䌍⫼ⱘѠסDŽ - བᵰԴᰃ㹿݀ৌ⌒䘷ˈẔᶹԴᰃ৺ফֱѢϔϾ݀ৌಶԧⱘֱ䰽䅵 ߦDŽ 2.ేڦ๗ᅅଐԍ၃ሞࡔྔڦჽჄ ᔧԴ⾏ᓔ⨲ᑊϔϾ䴲݅ԧᆊˈ⬭ذ᳝ѯ⨲ֱ䰽ᴎᵘᇚ㞾 ࡼᡞԴ䕀㒭ϔϾ䰙ᗻⱘֱ䰽݀ৌˈ݊ҪⱘᇚᦤկԴᓊ㓁⨲ֱ䰽ⱘৃ 㛑ᗻ˄ࣙᣀᔎࠊᗻ㞾ᜓⱘ䚼ߚ˅㟇᳔催6ᑈⱘᳳ䰤ˈᴵӊᰃԴ䳔㽕ᬃ Ҭ䰘ࡴⱘֱ䰽䌍DŽֱ䰽݀ৌӮᇚԴऎߚЎফ䲛Џྨ⌒䖬ᰃ⾕Ҏ⾏ᓔ㞾Ꮕ ⱘᆊ㗠ռሙDŽԚ᮴䆎བԩˈԴᑨৃҹ᱖ذԴ⨲ⱘ㞾ᜓए⭫ֱ䰽 䚼ߚˈ䖭ᛣੇⴔेՓԴৃ㛑㹿থ⦄᳝Ϲ䞡ⱘعᒋ䯂乬ˈᔧԴಲࠄ ⨲ৢԴॳᴹⱘ⨲ֱ䰽˄㞾ᜓⱘ䚼ߚ˅ᇚӮ䞡ᮄ⫳ᬜDŽ䖭ᰃ䴲ᐌ䞡㽕 - ϢԴ⦄ᯊⱘ⨲ֱ䰽Ҏ㘨㋏ˈ䆶䯂ҪӀৃᦤկҔМ䗝㗙ᗻҹᇚԴⱘ⨲ ए⭫ֱ䰽䅵ߦᓊ㓁DŽ - ԴᑨҨ㒚ᑊܼ䚼ഄໄᯢԴⱘᏆ᳝⮙DŽ - ⹂ֱԴⳳℷពᕫԴⱘֱ䰽߽Ⲟˈ䆺㒚䯙䇏ܼ䚼ⱘֱ䰽ᴵӊDŽ - ϡᑨ䗝ᢽ֓ᅰ㗠ⷁᳳⱘֱ䰽ᮍḜˈ㗠ᑨᇏᡒৃ䭓ᳳ㓈ᣕⱘֱ䰽ᮍḜDŽ - ᇍ䭓ᳳᗻⱘֱ䰽ᮍḜᴹ䇈ˈᢹ᳝㒜⫳㓁䗤ֱ䰽䅵ߦⱘᴗᰃᖙ䳔ⱘDŽ - њ㾷ࠄϔϾདⱘ䰙ए⭫ֱ䰽䅵ߦᇚԴ䗔ӥৢবᕫ䴲ᐌᯖ䌉˄↣ ᳜1000㕢䞥ПϞ˅DŽ乘⬭ܜϟ䖭ヨ䌍⫼Դⱘ䗔ӥ䅵ߦПݙDŽ ⱘˈЎϹ䞡ⱘ⮙ᚙ䆞ᮁ˄བⰠ˅Ӯ㹿㾚ЎПࠡᏆ᳝ⱘ⮛⢊㗠㹿ᥦ䰸 ফֱⱘ㣗ೈПˈ᠔ҹˈϢԴⱘֱ䰽Ҏ乘≳ܜ䗮ҹֱ䆕Դⱘফֱⱘ㣗ೈ ϡ㹿䰤ࠊDŽ - བᵰԴ䗝ᢽֱ䰽㒣㑾ⱘ᳡ࡵˈ⹂ᅮҪ᳝ᖙ䳔ⱘϧϮⶹ䆚Ꮉ㒣ग़DŽ 3.ࡔाႠڦᅅଐԍ၃ བᵰԴᇍҹϞ᭛ゴ᳝ӏԩ䯂乬ˈᛣ㾕ᓎ䆂ˈ䇋থ䚂ӊ㟇[email protected] ⦄᳝ϔᡍⱘֱ䰽կᑨ㗙ৃҹ䗝ᢽˈ 㱑✊ˈए⭫ֱ䰽ⱘᴵӊˈ߽Ⲟ 36 ˄ᑨ䆹ϡᰃϔϾ⣀ᆊⱘֱ䰽㒣㑾ˈгϡᑨᰃϔϾাϢऩ⣀ֱ䰽݀ৌ᳝ 㘨㋏ⱘ㒣㑾˅ Business and Economic News ฆᄽঢ়षႎ࿕ The New Swiss Schengen Visa Facilitated journeys to Switzerland for PRC citizens By Jeyanthy Geymeier, SwissCham Beijing SCENIC BEAUTIES. Enter Switzerland with just a valid Schengen visa. Luzern.com n 15 December 2008, Switzerland issued the ¿rst Schengen visa. The new Swiss Schengen visa will facilitate travel in Europe for Chinese passport holders as it will not only allow travel in Switzerland but also in the whole Schengen area. Conversely, Chinese passport holders with a valid Schengen visa issued by other Schengen states will also be able to enter Switzerland without an additional Swiss visa. On this occasion, the Swiss Cham- O 38 ber of Commerce in Beijing organized a breakfast seminar on the new Swiss Schengen visa at the Hilton Hotel on 9 December 2008. 21 companies and organizations (incl. Nestlé, Credit Suisse, Zurich Kantonal Bank, Huawei Technologies, the Swiss Business Hub and the International Organization for Migration (IOM) Liaison Of¿ce in China) came to listen to the Head of the Visa Section from the Embassy of Switzerland in Beijing, Mr. Hervé Findeisen. Here is a summary: We are doing business with many high ranked Chinese people from diverse companies. We have had unpleasant experiences on several occasions: after having applied for the Schengen visa as well as already bought the plane ticket and booked the hotel for our Chinese visitors, out of ten applications three were refused by the Embassy in the last minute. This is not only a loss of face for us, but also a waste of money and puts Switzerland in a bad light. What is your view on this? ฆᄽঢ়षႎ࿕ I totally agree on the fact that it is unpleasant. We are working on it. We want to develop a good relationship with people who have business ties to Switzerland. But you have to know that in such cases you shouldn’t hesitate to directly contact the Embassy and discuss the problem. If I want to go to Switzerland and then to the United Kingdom, as the UK doesn’t issue any Schengen visas, what should I do? If your ¿rst destination is Switzerland you apply for one visa for Switzerland, and then for another one for the UK. When going to Switzerland from China, there are no direct Àights from Beijing. Is it possible in this case to have a few days stopover in the ¿rst country we land in and then afterwards go to Switzerland for business, even if the visa has been issued by Swiss authorities? Yes, no problem. Is it possible to send someone to do the Schengen visa on behalf of someone else? Normally the applicant has to come in person to the visa section to apply for a visa. We only make exceptions for people in the diplomatic ¿eld, people working in international organizations and employees from Swiss companies listed for the Fast Track Procedure. If a Chinese has had his or her passport issued in the south of China for example, but that this person lives now in Beijing and works there, is it necessary to apply for a Schengen visa in southern China or can it be done in Beijing? As long as you can prove that you live and work in Beijing, then it can be issued in Beijing. You should show your residence permit when applying. If a Chinese person has had his visa application refused, are there any chances to have it accepted another time? First, when an application is refused, the visa section will put a stamp on it. But this only means that the application has been refused. The visa section that puts the stamp has to inform the visa sections of other countries about the reasons of the refusal. If the purposes are not coher- Business and Economic News ent with the regulations, then we can reexamine the ¿le as a normal ¿le. What impact will the Schengen visa have on the development of Swiss tourism? I think there will be more and more Chinese people coming to Switzerland and also think that people who used to travel to European countries, including Switzerland, will increasingly spend their whole vacation in our country. When applying for a language exchange or visiting a relative, what changes will there be once the Schengen visa takes effect? If you want to stay longer than 90 days in Switzerland the procedures are the same as before, otherwise you can apply for a Schengen visa. More information: SwissCham Beijing website: www.swisscham.org/bei/services/ swissvisa.php Visa Section of the Embassy of Switzerland www.eda.admin.ch/eda/en/home/reps/ asia/vchn/embbei/visa.html Main Updates There will be a photo on the new visa • Residence and travel visa (D+C) • Limited territory visa (LTV) General requirements Territorial responsibility Strict photo quality regulations as required under Schengen Two photos per person Travel health insurance compulsory (with minimum coverage of 30’000 Euros or 50’000 CHF) Where to apply for the visa? The traveler must apply at the consulate of his country of main destination. The "main destination" is de¿ned by weighing the following factors in the following order of relevance: • the main purpose of journey • the longest length of stay • the state of entry in the Schengen Area Schengen visa sticker Visa fees All visa fees are at the same rate of 60 Euros Period of stay and validity of the visa The validity of the visa is indicated with the exact date of allowed entry and of obligatory leave Schengen visa categories • Airport transit visa (A) • Transit visa (B) • Short stay travel visa (C) • Longer stay visa (D) The visa authorities retain full discretion in determining the main destination. In case of doubt, the consulates of the countries concerned will consult each other. Mr. Findeisen gave three examples of travels in Europe: 1) Business and tourism: Switzerland for business; France and Italy for tourism 2) Tourism: 3 days in Switzerland; 2 days in France and 2 days in Italy 3) Tourism: 2 days in Switzerland; 2 days in France and 2 days in Italy For example 1) the main destination is Switzerland because the purpose of the travel is business. For example 2) it will also be Switzerland because the length of the stay is longer than for the two other countries. For example 3) as the scheduled time is of two days for all three countries, the main destination will be the country where one lands ¿rst. Application Process The average time it takes to issue a visa is ¿ve days, but it is possible to go through the "fast track" which only takes 48 hours. Swiss companies can apply for being listed as eligible for the fast track procedure, so that their employees can receive their visa faster. Disclaimer: The information above has no legally binding effect. The Swiss and Schengen visa athorities retain exclusive and full discretion to issues visas. SwissCham waives all liability in this respect. 39 Business and Economic News ฆᄽঢ়षႎ࿕ ๗ധኤ࠳ဆ“๗ฤߵധኤ” 㗙˖ᅝ㖑 ெৠ 䖯ܹ⨲া㽕⬇ḍㅒ䆕 Luzern.com 2 008ᑈ12᳜15᮹ˈ⨲ㅒথњϔᓴ⬇ ḍㅒ䆕DŽᮄ⨲⬇ḍㅒ䆕ⱘᣕ᳝㗙ᇚϡ ҙ㛑⨲ᮙ㸠ˈ㗠Ϩ䖬ৃҹᭈϾ⬇ ḍऎඳ䗮㸠DŽৠ⧚ˈᣕЁᡸ✻㗙㢹ᣕ ᳝݊ᅗ⬇ḍᆊㅒথⱘ᳝ᬜ⬇ḍㅒ䆕гৃҹ㞾 ⬅䗮㸠⨲ˈ㗠ϡ⫼⬇ݡ䇋⨲ㅒ䆕DŽ 2008 ᑈ12᳜9᮹ˈĀЁ⨲ଚӮ-࣫Ҁā (SwissCham Beijing)ϧ䮼Ꮰᇨ乓䜦ᑫ㒘㒛њ⬇ ḍ䯂乬ᮽ令Ӯˈ䲔Ꮆ݀ৌ(Nestlé)ǃ⨲ֵ䌋䫊 㸠(Credit Suisse)ǃ⨲ଚࡵ␃(Swiss Business Hub)ǃ㢣咢ϪᎲゟ䫊㸠(Zurich Kantonal Bank)ǃ 䰙⿏ᕭ㒘㒛(International Organization for Migrationˈㅔ⿄IOM)Ё㘨㒰ࡲ݀ᅸढЎ⾥ ᡔㄝ21ᆊӕϮ㒘㒛ߎᐁњ䖭ᮽ令ӮDŽ䴶ᇍ ்ᇑႹܠഓᄽڦዐ࠶ݛ֫ᆶᄽခྫઠăڍ ்ۼᆶࡗᅃዖփڦঢ়૦ǖړ்ྺዐݛට ᇵӸࡻฤߵധኤĂசࡻऐժᇨ۩କ৶ی ࢫLjඐሞฤ൩๗ധኤ้10߲௬ᆶ3߲ሞፌ ࢫ࠲ཀྵԥ๑࠷ധăኄփৈඟ்۪௬ጱLj ሞષݯബڦཞ้࣏ସ๗ڦႚၡฉᅽᆖăܔ ُᆶࢆੂ݆Ǜ ਉ߲૩ጱLjසࡕᅃ߲ዐࡔටࢺڦቷሞళݛ ฤ൩ڦLjڍ၄ሞሞԛิऄࢅ߾ፕLjኄටփ ՂႷ࣮ళݛLjܸփీሞԛฤ൩ฤߵധኤǛ ៥ᅠܼৠᛣᙼⱘᛣ㾕ˈ䖭⾡㒣ग़ᰃҸҎϡᖿDŽ සࡕၙံඁ๗ምඁᆈࡔLjܸᆈࡔփധ݀ฤ ߵധኤLjᆌሹӸǛ ៥ӀℷህℸሩᓔᎹˈЎ៥ӀгᏠᳯ䙷ѯ 䎳⨲⫳ᛣⱘҎᓎゟ㡃དⱘ݇㋏DŽ䘛ࠄ䖭 ⾡ᚙމᯊˈᙼᑨゟेϢՓ佚Ⳉ㘨㋏ˈ䅼䆎䯂 ߎ⼎ᙼⱘ᱖ԣ䆕DŽ བᵰᙼⱘϔⳂⱘഄᰃ⨲ˈ䙷Мህ⬇ܜ䇋ϔ Ͼ⨲ㅒ䆕ˈݡ⬇䇋ϔϾ㣅ㅒ䆕DŽ 乬ⱘ㾷⊩ࡲއDŽ ฤߵധኤփᅜ൩ටپӸǛ ᴹ㞾㸠Ϯⱘ⨲ǃЁӕϮҷ㸼ˈ⨲ 偏࣫Ҁ Փ佚ㅒ䆕໘Џӏ䌎ӳ(Hervé Findeisen) ዐኮक़ுᆶࡵࡵӬLjසࡕ்ᆶ๗ധ ݀ڦധኤLjޏᅜံሞৣࡔ܈बཀ्Ljም ඁ๗ت߾ፕ๚ᅓǛ 䩜ᇍ⬇ḍ䯂乬њܼ䴶䆆㾷DŽ ৃҹDŽ 40 া㽕ᙼ㛑䆕ᯢᙼ⦄࣫Ҁ⫳⌏Ꮉˈ࣫Ҁ Փ佚ህৃҹㅒথ䖭Ͼㅒ䆕DŽ⬇䇋ᯊᙼᖙ乏 ϔ㠀⬇䇋Ҏᖙ乏҆㞾এㅒ䆕໘⬇䇋ㅒ䆕DŽ៥Ӏ ⳂࠡাফѸ乚ඳǃ䰙㒘㒛⨲ӕϮ ᎹⱘҎⱘҷࡲㅒ䆕⬇䇋DŽ ฆᄽঢ়षႎ࿕ Business and Economic News සࡕᅃ߲ዐࡔටᆶࡗധुLjምฤ൩ࢪ้ڦ ీޏइ಼ጚǛ ሞੂઠLjᅃڋฤߵധኤิၳࣷߴ๗୫ᆴᄽ ݀ቛټઠ๊ᆖၚǛ Ϣҹࠡϔḋˈ৺߭ᙼৃҹ⬇䇋⬇ḍㅒ䆕DŽ 佪ˈܜབᵰϔӑ⬇䇋㹿ᢦㅒˈㅒ䆕໘Ӯᡸ✻ ϞⲪᢦㅒゴˈԚ䖭াᛣੇⴔ䖭ӑ⬇䇋ᕫᡍ ៥䅸ЎӮ᳝䍞ᴹ䍞ⱘЁҎএ⨲ᮙ␌ˈ䖛এ ᐌএ⨲ㄝ⌆ᆊᮙ␌ⱘҎгᇚӮᡞ⨲Ў ߸ܠ႑တģ ޚDŽⲪᢦㅒゴⱘㅒ䆕໘ᖙ乏݊ᅗᆊⱘㅒ䆕 ໘ᦤկᢦㅒ⧚⬅DŽབᵰ⬇䇋⧚⬅Ϣ㾘ゴϡⳌ ᙪˈ䙷М៥ӀӮ䞡ᮄᡞ䖭ӑ⬇䇋ᔧ᱂䗮⬇䇋 ଃϔⱘᮙ␌Ⳃⱘഄˈ䙷䞠ᑺ䖛ᭈϾ؛ᳳDŽ www.swisscham.org/bei/services/ swissvisa.php ฤߵധኤਸ๔ิၳࢫLjᇕჾ࣑ईݡᆷധኤฤ ൩ࣷᆶ๊ՎࣅǛ 偏ढ⨲Փ佚ㅒ䆕䚼˖ ᴹⳟᕙDŽ བᵰᙼᛇ⨲⒲⬭90ҹϞˈ䙷М⬇䇋ᑣ Ё⨲ଚӮ-࣫Ҁ㔥キĩ www.eda.admin.ch/eda/en/home/reps/ asia/vchn/embbei/visa.html ႎڦ๗ฤߵധኤڦዘᄲՎࣅᆶ: ጺ༹ᄲ൱ ധኤฤ൩ࡔ ✻⠛ᖙ乏ヺড়⬇ḍㅒ䆕ⱘϹḐ㽕∖ ϔҎᦤկ2ᓴ✻⠛ ᑨ⬇䇋ાㅒ䆕˛ Џ㽕Ⳃⱘ-ेㅒ䆕⬇䇋-ⱘ⹂ᅮḍ˖ ᇍϔ⾡ᚙ⬇ˈމ䇋⬇ḍㅒ䆕ᯊⱘЏ㽕Ⳃⱘ ഄᑨ฿⨲ݭˈЎᮙ㸠ⱘЏ㽕Ⳃⱘᰃଚ ࡵџᅰDŽѠ⾡ᚙމгᑨ฿⨲ݭˈЎ ᮙ␌ֱ䰽ᰃᖙ䳔ⱘ˄᳔Ԣ䌨Ҭ乱Ў3ϛܗ 5ϛ⨲䚢˅ 1)ᮙ㸠Џ㽕Ⳃⱘ 2)䳔⬭ذ᳔䭓ᯊ䯈ⱘᆊ 3)䗮䖛ાϾᆊ䖯ܹ⬇ḍऎDŽ ⨲ⱘ⒲⬭ᯊ䯈↨ϸ䛑䭓DŽ㗠 ϝ⾡ᚙމϟˈ⬅Ѣ3Ͼᆊⱘ⒲⬭ᯊ䯈䛑ϔ ḋˈ߭Џ㽕Ⳃⱘഄᑨ฿ݭᮙ㸠ᯊ᳔ܹ߱๗ ധኤݯ ↣ϔ⾡ㅒ䆕䌍ഛЎ60ܗ ฤߵധኤዖૌ - ᴎഎ䕀ᴎㅒ䆕˄A˅ - 䖛๗ㅒ䆕˄B˅ - ⷁᳳᮙ␌ㅒ䆕˄C˅ - 䭓ᳳሙ⬭ㅒ䆕˄D˅ - ሙԣঞᮙ␌ㅒ䆕˄D+C˅ - 䰤ࠊ乚ඳㅒ䆕˄LTV˅ ⱘᆊDŽ 䌎ӳВњ3Ͼ՟ᄤᴹ㾷䞞ᑨ⬇䇋ાϾᆊⱘㅒ 䆕DŽ 1) Ўଚࡵџᅰᴹ⨲ˈᑊޚএ⊩ᛣ߽ ᮙ␌˗ 2) ᮙ␌Ⳃⱘ˖⨲⒲⬭3ˈ⊩ᛣ ߽⒲⬭2˗ 3) ᮙ␌Ⳃⱘ˖⨲⒲⬭2ˈ⊩ᛣ ߽г⒲⬭2DŽ ฤ൩ײႾ ℷᐌⱘ⬇䇋䖛ϔ㠀䳔㽕5ˈԚৃҹࡲࡴ ᗹˈࡴᗹㅒ䆕ⱘࡲ⧚া䳔㽕2DŽ⨲ӕϮৃ ҹ⬇䇋ܹ߫ࡴᗹৡऩˈ䖭ḋӕϮⱘਬᎹህৃ ҹᖿ䗳পᕫㅒ䆕DŽ ༬՚ำ: ҹϞֵᙃ≵᳝⊩ᕟ݇㘨DŽ⨲Ϣ⬇ḍㅒ䆕䚼䮼ᇍѢㅒ䆕џ乍᳝ϧ䮼ֱᆚⱘއᅮᴗDŽℸ䯂乬ϞЁ⨲ଚӮϡᡓᢙӏԩ䋷ӏϢНࡵDŽ 41 Business and Economic News ฆᄽঢ়षႎ࿕ Legal Update / Ёଚࡵ⊩ᕟⶹ䆚 Workforce Reductions Careful advance planning and process management is required By Kevin Jones, Senior Consultant, DLA Piper Shanghai not only consult with them, but obtain their prior approval before implementing workforce reductions. Even in locations where prior approval is not required, if the process disintegrates into a contentious situation, not only will the employer have to deal with angry and uncooperative employees, but the authorities will not be happy with the situation as they are very concerned with social unrest in these dif¿cult times. This could make it very difficult for the employer to resolve the situation as well as cause potential longer term commercial implications. Legally applicable severance pay Lagra Database HIRE AND FIRE. Laying-off employees can be a tricky business in China. s the global economic crisis continues to take its toll and uncertainty over economic recovery continues, workforce reductions in China, as elsewhere, are becoming increasingly common. China presents unique dif¿culties in this respect as employers need to have suf¿cient advance planning to avoid missteps in successfully implementing a workforce reduction. Since the Employment Contract Law and its implementing regulations came into force in 2008, employees have become more aware of their rights due to the media coverage of the changes. As a result, employees are more likely to challenge employers over dismissals and labor arbitration cases have increased signi¿cantly over the past year, with employees being encouraged by the fact that they can now ¿le labor arbitration cases free of charge. A Consultation process required Under the Employment Contract 42 Law, employers are only able to unilaterally terminate employees if they have cause, as set out in the law. Most of these grounds are intended primarily for situations where individual employees are being terminated, not workforce reductions. The termination process becomes more complicated when workforce reductions are to be implemented. Where speci¿ed economic dif¿culties are encountered and the employer needs to lay off at least 20 employees, or if less than 20 employees a number that accounts for 10 percent or more of the workforce, the law states that an employer is required to go through a consultation process with its employees and the local labor authorities. A consultation process does not necessarily mean approval is required, but the Ministry of Human Resources and Social Security recently issued a notice asking employers to refrain from laying off employees. Some local authorities have taken this a step further and require that employers The situation is somewhat different where an employer will go into liquidation, in which case the employment contracts will automatically terminate by operation of law. The employees will still need to be dealt with in a satisfactory manner in order to ensure the liquidation process can proceed in a smooth and timely manner. A viable alternative to legally get around the above procedures is for the employer to come to a mutual agreement with the employees to terminate their employment relationships with the employer. If done correctly, workforce reductions can be concluded in a timely, cost effective manner with minimal disruption to an employer's business. However, careful advance planning is required and the process needs to be carefully managed. The time and money you spend at the planning stage will almost invariably be signi¿cantly less than what you would need to pay out to employees if the negotiations become derailed. There are a couple of important issues that need to be considered when working out the settlement package to be offered to affected employees. The employer needs to calculate the legally applicable severance pay for each em- ฆᄽঢ়षႎ࿕ Business and Economic News Legal Update / Ёଚࡵ⊩ᕟⶹ䆚 ployee, as this is required to be paid for terminations based on mutual agreement. Severance is calculated in reference to an employee's term of service, with slightly different calculations for periods prior to the implementation of the Employment Contract Law compared to those for periods after its implementation. However, if an employer simply offers the legally required severance, it is unlikely that an employee will agree to a mutual termination. The severance package will need to be sweetened with additional ¿nancial incentives. Additional months of salary are often offered, but the required amount of additional financial incentives depends on the circumstances of each case. Additionally, it is common for employers to structure the package so that employees have more ¿nancial incentive to immediately sign a mutual termination agreement, with the proposed financial settlement getting progressively smaller over time. Other soft incentives, such as job counselling, are sometimes offered and can be helpful in making the overall package attractive to employees, but the primary focus and interest of the employees will be the ¿nancial compensation. Three party negotiation When presenting the settlement package, it is a good idea for an attorney who is familiar with Chinese employment laws to be present to answer the questions of employees regarding their rights under such laws. This allows their questions to be immediately addressed and often results in higher numbers of employees agreeing to sign a mutual termination agreement on the day the settlement package is proposed. If a large number of employees will be laid off, employers should separate the employees into small groups so that the process can be managed more easily. In addition to addressing their legal questions, it is important to explain the employer's circumstances that make taking such measures necessary. The financial compensation does not need to be paid on the day the mutual termination agreement is signed, as long as it is paid within a reasonable time after such date. If the foreign investor's entity in China is a representative of¿ce, then a workforce reduction becomes a three party negotiation. Representative of¿ces need to retain the services of PRC individuals through approved employee dis- Constantly On The Move patch companies, such as FESCO. The representative of¿ce will have a service contract with the employee dispatch company with conditions for returning an employee mirroring the grounds for termination contained in the Employment Contract Law (including mutual agreement to terminate). Employers need to be careful in such situations as under the new law, employee dispatch companies are required to hire such employees for a minimum of two years. Therefore, even if a mutual termination agreement is signed by all parties in such situations, the employer could still ¿nd itself liable under the terms of service to pay further compensation to the employee dispatch company for returning the individual prior to the end of this two year term. Workforce reductions are never pleasant and China's employment laws can be a potential mine¿eld for employers who do not thoroughly consider what approach they will take nor undertake sufficient advance planning prior to taking action. However, for employers who do take such measures and obtain proper advice, the process does not need to be dif¿cult and painful. Book Review - By Fabian Gull “Süss & Sauer – Columns Out of Asia” is the title of Peter Achten’s new book. It’s a collection of short stories that have been published in the past four years on the local Basel based news platform “Online Reports”, where Achten also performs as a columnist. Peter Achten is one of Switzerland’s most prominent journalists, and long time Asia correspondent of the Swiss national radio DRS. The part time Beijing resident tells personal and lively stories he experienced in his every day life while living and traveling in Asia - many of them taking place in China - and often puts his observations in a wider cultural, historical or political context. He does this in a highly knowledgeable, interesting and entertaining manner. He uses clear, refreshing and often witty language that makes his reading overall quite addictive. Too addictive sometimes, as I found myself (more than once) reading till the early morning hours, despite initially planning to read just a few chapters before falling asleep. One thing becomes clear to the reader. Achten, who is constantly on the move, ¿rst and foremost likes and is very interested in people. After more than twenty years in Asia, he seems to be anything but jaded - unlike unfortunately so many expatriates living in China are. He is still curious like a little boy, eager to learn and to understand. Achten is attentive and receptive to sentiments, changes and to little things in life one’s tendency is to just oversee them. “Süss & Sauer” is not just about a Swiss experiencing Asia. It also shows how living abroad - something Achten extensively did throughout his life in places like Spain, Venezuela, the US, Hong Kong, Vietnam or China - changes perceptions of how one looks at his home country and home town. Despite its sometimes repetitive character (for example, when he elaborates on the “Frühenglisch debate” in Switzerland or how he overtakes luxury cars stuck in traf¿c on his old Chinese bicycle wearing an even older Chinese army winter coat) his narratives and comparative views also on Swiss local politics, public transportation issues or the Swiss democracy, still remain intriguing. The book, which is written in German, is beautifully crafted and displays illustrations (paintings) of the famous Chinese artist Zhu Wei, who is a friend of the author. In the end, I was sad when I ¿nished the book but happy in prospect of regular sleep again. In China, Süss & Sauer can be ordered through SwissCham Shanghai. Rate: RMB 190. Contact: [email protected] 43 Business and Economic News ฆᄽঢ়षႎ࿕ Legal Update / Ёଚࡵ⊩ᕟⶹ䆚 હۯ૰ူই Ⴔᄲ߸ጮဦ࠶ײୁࢅࣄࡀں 㗙˖Kevin Jones, 催㑻乒䯂, Ϟ⍋ढᕟᏜџࡵ᠔ ࠧᆜࢅླऐ ϟቫᎹҎ៤ЎЁଚϮⱘϔϾ ち䮼。 Lagra Database ⴔܼ⧗㒣⌢ॅᴎ㒻㓁ᙊ࣪ˈ㒣⌢㢣ࠡ᱃ᣕ㓁ϡᯢˈϢ݊Ҫഄ ऎϔḋˈЁˈ㺕ਬгবᕫ䍞ᴹ䍞᱂䘡DŽ㗠㺕ਬЁ᳝ⴔ ⡍⅞ⱘ䲒乬ˈЎӕϮ㽕៤ࡳ㺕ਬ䳔㽕ࠊࠡᦤߚܙᅮ䅵ߦҹ䙓 ܡ༅䇃DŽ㞾Ңࢇࡼড়ৠ⊩ঞ݊ᅲᮑ㒚߭Ѣ2008ᑈ⫳ᬜҹᴹˈਬ Ꮉ䗮䖛ၦԧ䘧ࡴњ㾷݊ᴗ߽DŽℸˈਬᎹ᳝ৃ㛑ᇍӕϮ㺕ਬᦤߎ ᓖ䆂ˈএᑈࢇࡼӆ㺕ḜӊህᐙϞछDŽ⦄ˈৃܡ䌍ᦤ䍋ࢇࡼӆ㺕ㄝѢ 哧ࢅਬᎹЏᓴᴗ߽DŽ 䱣 ጧკࡗײ 䋹㗠䳔Ҭ㒭ਬᎹⱘ㸹ٓDŽ ࠊᅮण䆂㾷䰸ড়ৠⱘᮍḜᯊˈ䳔㽕㗗㰥Ͼ䞡㽕䯂乬DŽӕϮ䳔 㽕䅵ㅫձ⊩ᑨҬ㒭↣ԡਬᎹⱘ㸹ٓˈЎ䖭ᰃण䆂㒜ℶࢇࡼ݇㋏᠔ᖙ䳔 ⱘDŽ㸹ٓⱘ䅵ㅫ㽕খ㗗ਬᎹⱘ᳡ࡵᳳ䰤ˈࢇࡼড়ৠ⊩ᅲᮑࠡⱘᳳ䰤䅵ㅫ Ϣᅲᮑৢⱘ᳝ऎ߿DŽԚᰃˈབᵰӕϮাਬᎹᬃҬ⊩ᕟ㾘ᅮⱘ㸹ٓˈ ਬᎹᰃϡӮৠᛣण䆂㒜ℶࢇࡼ݇㋏ⱘDŽ㸹ٓᮍḜᖙ䳔䰘᳝乱ⱘ㒣⌢▔ ࢅDŽ䗮ᐌᰃҬ㢹ᑆ᳜ⱘᎹ䌘ˈԧ᭄乱㾚ϾḜⱘᚙމ㗠ᅮDŽˈӕ Ϯ䆒䅵ⱘ㸹ٓᮍḜϔ㠀ᰃˈਬᎹゟेㅒ㕆㒜ℶण䆂ᇚ㦋ᕫⱘ㸹ٓˈ ᯊ䯈䍞䭓߭㸹ٓᇚ䗤ℹޣᇥDŽ᳝ᯊгᦤկ݊Ҫⱘ䕃▔ࢅˈབ㤤Ꮉˈ ḍࢇࡼড়ৠ⊩ˈӕϮাৃҹ⊩ᕟ㾘ᅮⱘᚙᔶϟऩᮍ䴶㒜ℶǃ㾷 䰸ࢇࡼড়ৠDŽ㗠Ϩ᭄⊩ᅮᚙᔶЏ㽕ᰃ䩜ᇍϾ߿ਬᎹˈ㗠ϡᰃ㺕ਬDŽ བᵰ㽕㺕ਬˈ߭ᑣᴖDŽབᵰӕϮ䘛ࠄ㒣⌢ೄ䲒䳔㽕㺕ޣ㟇ᇥ20ৡ 䖭ৃՓᭈϾᮍḜᇍਬᎹ᳝ᓩˈԚᰃˈਬᎹ߽Ⲟঞ݇⊼ⱘ䞡⚍ҡ✊ ਬᎹˈ㱑✊ϡࠄ20ৡਬᎹԚ㺕ਬҎ᭄ऴਬᎹᘏ᭄ⱘ10ˁˈ⊩ᕟ㾘ᅮӕ ϮᑨϢਬᎹᔧഄᎹӮ䖯㸠णଚDŽणଚϡϔᅮᛣੇⴔ䳔㽕ᅵᡍˈԚᰃˈ Ҏ䌘⑤⼒Ӯֱ䱰䚼᳔䖥থߎњϔϾ䗮ⶹˈ㽕∖ӕϮ䙓ܡ㺕ਬDŽ᳝ѯ ෙݛ༌ಒ ഄᮍ䞛পњ䖯ϔℹⱘᮑˈ㽕∖ӕϮ㺕ਬϡҙ㽕Ϣ݊णଚˈ㗠Ϩ䖬㽕㦋 ᕫ݊џܜᡍޚDŽ ेՓ᮴䳔џܜᡍⱘޚഄᮍˈབᵰ㺕ਬᓩথѝ䆂ˈϡҙӕϮᇚϡᕫ ϡϢᛸᗦǃϡড়ⱘਬᎹѸ⍝ˈ㗠ϨᬓᑰгӮᇍℸ⾡ሔ䴶ϡᖿˈЎˈ Ⳃࠡⱘೄ䲒ᯊᳳˈᬓᑰ䴲ᐌ݇⊼⼒Ӯ〇ᅮ䯂乬DŽ䖭ᇚՓӕϮࡴ䲒ҹ 㾷އ䯂乬ˈᑊৃ㛑䗴៤䭓ᯊ䯈ⱘ㒣⌢ೄ䲒DŽ ࢇ݆ڦࠧݯ 㗠བᵰӕϮ⸈ѻˈᚙᔶህ᳝᠔ϡৠDŽ䖭⾡ᚙމϟˈࢇࡼড়ৠᇚձ ⊩㞾ࡼ㒜ℶDŽԚӕϮҡ䳔ҹҸҎ⒵ᛣⱘᮍᓣ໘㕂ਬᎹˈҹ⹂ֱ⏙ㅫᑣ ঞᯊǃ乎߽䖯㸠DŽ ড়⊩㒩䖛ҹϞᮍᓣⱘϔϾৃ㸠᳓ҷᮍᓣᰃˈӕϮϢਬᎹ䖒៤ण䆂ˈ 㒜ℶ݊ࢇࡼড়ৠDŽབᵰᅲᮑᕫᔧˈৃঞᯊǃ㡖ⳕഄᅠ៤㺕ਬˈϨᇍӕϮ 㒣㧹ⱘᕅડ᳔ᇣDŽԚᰃˈ䖭䳔㽕џܜҨ㒚䅵ߦˈᑊϨ䳔㽕ᇣᖗࠊᭈϾ 䖛DŽԚᰃˈ䅵ߦ䰊↉㢅䌍ⱘᯊ䯈䞥䪅ᇚ㚃ᅮᇥѢབᵰ䇜߸༅ 44 ᰃ㒣⌢㸹ٓDŽ ᦤߎ㸹ٓᮍḜᯊˈ᳔ད᳝ϔԡ❳ᙝЁࢇࡼ⊩ᕟⱘᕟᏜ⦄എಲ ㄨਬᎹ᳝݇݊⊩ᕟᴗ߽ⱘ䯂乬ˈ䖭ḋৃՓਬᎹⱘ䯂乬ঞᯊᕫࠄ㾷ㄨˈ䗮 ᐌৃՓⱘਬᎹᮍḜᦤߎⱘᔧህৠᛣㅒ䅶㒜ℶण䆂DŽབᵰ㽕㺕ޣ 䞣ਬᎹˈ߭ӕϮᑨᇚਬᎹߚ៤ᇣ㒘ˈ䖭ḋᇚᆍᯧㅵ⧚ᭈϾ⌕DŽ䰸 㾷ㄨਬᎹⱘ⊩ᕟ䯂乬ˈ䞡㽕ⱘᰃਬᎹ㾷䞞ᇐ㟈ӕϮᖙ乏䞛প䖭ѯ ᮑⱘᚙމDŽ㒣⌢㸹ٓ᮴䳔ㅒ䅶㒜ℶण䆂ⱘᔧᬃҬˈৃ䆹᮹ৢⱘড় ⧚ᯊ䯈ݙᬃҬDŽ བᵰଚЁⱘᅲԧᰃҷ㸼໘ˈ߭㺕ਬᇚব៤ϝᮍ䇜߸DŽҷ㸼໘ 䳔㽕䗮䖛㒣ᡍ⌒ࡵࢇⱘޚ䘷݀ৌབ᳡㘬⫼ЁਬᎹDŽҷ㸼໘Ϣࢇࡵ⌒ 䘷݀ৌㅒ䅶᳡ࡵড়ৠˈ݊Ё䗔ಲਬᎹⱘᴵӊϢࢇࡼড়ৠ⊩㾘ᅮⱘ⧚⬅ϔ ḋ˄ࣙᣀण䆂㒜ℶࢇࡼড়ৠ˅DŽℸᚙމϟˈӕϮ㽕⊼ᛣˈЎḍᮄ ⊩ᕟˈࢇࡵ⌒䘷݀ৌ乏㘬⫼ਬᎹ㟇ᇥ2ᑈDŽℸˈेՓᮍㅒ䅶њ㒜ℶण 䆂ˈӕϮҡ2ᑈᳳ䰤ࠡ䗔ಲਬᎹ㗠᳝Нࡵࢇࡵ⌒䘷݀ৌᬃҬ䌨ٓDŽ 㺕ਬҢᴹ䛑ϡᰃᛝᖿⱘџˈᇍѢ䞛প㸠ࡼࠡߚܙ㗗㰥ᇚ䞛পⱘ ᮍᓣˈг䖯㸠ߚܙџܜ䅵ߦⱘӕϮ㗠㿔ˈЁⱘࢇࡼ⊩ᕟህৃ㛑ᰃ㺕 ਬⱘ䳋ऎDŽԚᰃˈᇍѢ䞛পњϞ䗄ᮑᑊ㦋ᕫℷ⹂䆶ⱘӕϮ㗠㿔ˈ㺕 ਬህϡӮᰃೄ䲒⮯㢺ⱘDŽ Business and Economic News ฆᄽঢ়षႎ࿕ Case Study / Ḝ߫ߚᵤ Sanitary Innovation HR Strategy of Geberit China By Dawina Fahrni, CH-ina VISION. Trying to achieve a sustained improvement in the quality of people’s lives. Geberit eberit is the European market leader in sanitary and piping technology. The company is active on all continents and Geberit systems are recognised worldwide. The group began its expansion in the Asia Pacific region in 1997 and has meanwhile established an organization with its regional headquarter in Shanghai, 10 sales offices in China, 4 sales companies across Asia Paci¿c and 2 production units in China. G Technical skills and experience Since Geberit operates in a specialized market, it is very important that employees understand the market and its products in order to approach prospective customers successfully. Finding personnel with deep knowledge, the right technical 46 skills and experience, and sales skills is very dif¿cult in China. Geberit (China) shares the common opinion that one reason for this problem is that the Chinese education system is not practical enough. Since graduates in China do not have enough work experience, companies need to invest substantially in training. Often, after spending large amounts of money and time on training, it becomes very difficult to retain these newly-skilled employees. Geberit feels that the biggest challenge is the difficulty of building loyalty among staff because skilled, experienced Chinese professionals are highly sought after. Geberit’s China HRM strategy Geberit has three legal companies in China whose HRM is centralized and integrated. Geberit (China)’s HR Strategy ฆᄽঢ়षႎ࿕ Business and Economic News Case Study / Ḝ߫ߚᵤ AWARDS. Ten years long-term awards at the annual party. Geberit intends to create and maintain a competitive advantage in attracting and retaining quali¿ed people to support the company’s growth in China. The following points are crucial in the development and success of its HRM: in China because Chinese would rather consider it as a tool assessing the relationship than the performance itself. Geberit (China) has therefore its own assessment tool which represents the group’s values and goals but also takes account of the local market. • Adjustment of HR strategy to the industry Aware that not all HR practices work well for every industry, Geberit (China) attaches great importance to the industrial environment when developing and implementing its HR strategy. It is necessary to consider the target group of customers and what kind of employees and skills are needed to market and sell its products to these customers. In Geberit’s case this consideration is especially important, since the company operates in a specialized market. • Alignment with corporate strategy and culture Geberit (China) feels that it is very important that its HR strategy is aligned with the group’s business strategy and corporate culture. The four strategic pillars, “Focus on sanitary technology” “Commitment to innovation”, “Selective geographic expansion” and “Continuous business process optimization”, are fully absorbed by Geberit’s qualified employees. Geberit (China)’s HR policy also utilizes the “Geberit Compass”, which de¿nes the guiding principles of the company. • Considering the business development stage Geberit (China) is convinced that different HR tools are needed with different priorities at different stages in the company’s development. When the company was ¿rst establishing itself in China, a comprehensive HR strategy was unnecessary; the emphasis was on recruitment. After the group buyout and restructuring in 2001, retention of key personnel took priority. Once the business had stabilized, training became more important. Geberit (China) always had a clear HR vision from the beginning however, which has been crucial to its success to date. • Adapting HR strategy to the local HR market Geberit (China) believes that besides the global prevailing strategy any corporate strategy has to be adapted to the local market challenges and the countries culture. For example, the “360 Degree appraisal”, a common assessment tool, which relies on information feedback from peers, is not very effective HRM practices for success a) Recruitment Geberit (China) uses different recruitment strategies for different positions. For management positions Geberit uses headhunters. Meanwhile, it recruits 90 percent of its workers through employment agencies, with which Geberit (China) has built up a history of cooperation. Staff recruited by the agencies is hired on a temporary basis according to current business needs. During times of low production and sales this helps Geberit (China) to keep the Àexibility to control the personnel expenses. b) Evaluation – performance management Geberit (China) attaches great importance to performancebased management and staff evaluation in order to increase ef¿ciency while affording employees the chance for self-improvement. Geberit (China) has implemented the appraisal system in order to evaluate employees’ professional and soft skills. The evaluation is carried out by the direct supervisor who has everyday contact with individual employees. Managers are evaluated differently in the format of an online assessment tool developed by the Group, with greater focus on soft skills and leadership skills. Since Geberit has a flat business organization, with no more then four hierarchy levels, communication between employees of different levels is very effective. The supervisor ¿lls out the online appraisal form by ticking different boxes to indicate satisfaction levels for different criteria. Finally the appraisal form must be approved by the assessed employee. c) Training Training programs at Geberit (China) are determined by the results of the employee evaluations as well as on whatever professional and soft skills are generally needed. For some training programs, all employees (temporary workers included) are trained together in order to create a sense of camaraderie. Geberit attaches special importance to training new graduates, since they lack work experience and need to be trained rapidly. 47 Business and Economic News ฆᄽঢ়षႎ࿕ Case Study /Ḝ߫ߚᵤ DRAGON BOAT. Team building event at Geberit annual party. Geberit Geberit (China) offers three types of training programs: Basic skills, management training, and “incentive” training. Geberit also offers international assignments and sends employees to other subsidiaries. At Geberit (China), employees are trained both internally and by external training service providers. In 2004, 80% of the training was outsourced to such external providers. In 2006 however, the company established its own Geberit Academy in Shanghai to offer standard company training programs for which employees are free to apply. For internal training, which is becoming increasingly important in the company’s efforts to reduce costs, Geberit uses its own experts and trainers. d) Retention High employee turnover is a serious problem for companies in China. Shanghai is not necessarily advantageous as a location because, in contrast to the rural regions, where job opportunities are fewer and employment periods longer, Shanghai’s rapidly-expanding, dynamic environment can lead to frequent job-hopping by quali¿ed personnel. • Competitive salary Geberit (China) is aware that in China compensation must match current industry rates, since workers are very sensitive to monetary incentives and professionals tend to be well-versed on the going salary rates in their ¿elds. Geberit (China) pays its workers at a reasonable market rates, including social security and overtime pay. • Loyalty program In Shanghai, Geberit has implemented a credit-based loyalty program in order to retain employees. For managers the credit system is not effective enough to prevent them from leaving so Geberit has implemented a special loyalty program for employees in key positions. The company makes specific agreements with staff in management positions and also rewards them with additional long-term benefits. The qualified candidates are offered with an additional retention agreement in which the candidate agree to stay with the company for a speci¿ed longer years and entitle to a certain amount of loyalty bonus when it is due. No pro-rata payment is allowed in the agreement. 48 • Career development opportunities Chinese professionals’ career expectations are higher than in other countries. Retaining top staff in China depends on making personnel con¿dent that staying with the company will increase their professional worth. All staff are given chances for promotion if they perform well, but for the technical specialists in sales organization, the HR manager has introduced special career development programs. The technical staff may not be willing to be promoted into a managerial or sales position and would rather stay with his/her technical expertise. Geberit Shanghai developed channels for those engineers. For examples, there are positions called junior application engineer, senior application engineer, technical advisor, senior technical advisor and technical expert. The comparable remuneration package will be provided for the relevant levels. Engineers are not pushed simply because of monetary bene¿ts to run into the area which they are not really good at or interested in. • Encouraging work environment Geberit (China) conducts employee surveys in order to assess employee satisfaction with the work environment. Results show that the general level of satisfaction is high. While all Geberit subsidiaries strive to implement the European business culture of a trusting environment, teamwork, open communication and transparency, Geberit (China) is careful to take Chinese cultural issues into account in its HR policy. Above all, the Chinese concept of “face” must be considered when addressing any issues with employees. For example, the salary and bonus issue is not only a remuneration term, it is a kind of “face” problem to the staff. Employees who don’t receive raises (while their coworkers do) will interpret this as a kind of “dismissal” signal. Furthermore, Geberit (China) encourage a close of¿ce atmosphere by organising social gatherings such as annual party and teambuilding activities to foster a team spirit and a sense of belonging. Geberit’s HRM Success Factors • Keeping Àexibility in staf¿ng strategy • Evaluation and Performance management • Retention through training, development opportunities and a fair work environment We have always been as global as we are today. And are still as personal as we have always been. Gondrand is an international freight forwarder and logistics provider. Our network brings together experts from the most diverse countries and cultures. Their vast experience ensures tailored services for customers and personal attention that shows the way forward. www.gondrand-logistics.com GO-TRANS (HONG KONG) LIMITED Room 1001-1003, 10th Floor, Fullerton Centre No. 19 Hung To Road, Kwun Tong, Kowloon, Hong Kong, S.A.R., Phone 852-3423 1000 Fax 852-2796 8010, E-mail [email protected] GO-TRANS (SHANGHAI) LIMITED 5/F, Zhonghui Office Building No. 108 Zhaojiabang Road, Shanghai, P.R. of China, Postal code 200020 Phone 86-21-6472 0111, Fax 86-21-3406 0383, E-mail [email protected] L i f e & C u l t u r e ࿔ ࣅ ิ ऄ ጆ ત Legacy of China The history of Chinese inventiveness By Garry McAlpine, Executive Producer of "Legacy of China" SWISS MYTH. William Tell’s weapon of choice was thoroughly familiar to the Chinese who had invented the crossbow in the 4th century BC. Garry McAlpine he story of William Tell and his keen crossbow skills, although thoroughly encased in Swiss legend, has a rather unusual correlation to ancient China. As the story goes, William Tell ended up being in a situation where he was forced by an Austrian bailiff, to shoot an apple off the head of his son Walter, or else both would face execution. Tell had been promised freedom by the Austrian, if he succeeded with the shot. So, on November 18,1307, Tell split the fruit with a single bolt from his crossbow without mishap and thus entered into Swiss legend. What William Tell didn’t know and could never have known, was that his ability to achieve this remarkable feat, had its origins half a world away, back in ancient China. Put simply, without a certain Chinese invention one thousand years before, the whole horror of such a story would have taken place on a completely different basis. You see, the Chinese had invented the crossbow in the 4th century BC, so William Tell’s weapon of choice was thoroughly familiar to them. T Advanced ancient Chinese But if this story had taken place in China in the 13th Century, the choice of weapon may well have been very different. At that time, the ancient Chinese were so advanced, they were already using guns, multi staged rockets, cannons and also land mines, 50 so their armory was far greater than that of the Europeans. China is an ancient country. Indeed it has dynasties stretching back over 4000 years. Qin Shi Huang became the first emperor to unify China in 221BC and this unification remained in one form or another for the next 2000 years, twice as long as the English monarchy. Over this time, China continued to develop what has proven to be an astonishing record of invention and innovation that made it the most powerful and scienti¿cally advanced country in the world. China is the country that invented gunpowder, caste iron, paper, money, printing, the compass, silk, the rudder, the umbrella and the even the ¿shing reel. And if that list of innovations didn’t grab your attention, maybe this will: China also invented the seed drill, porcelain, the use of natural gas, matches, lacquer, the suspension bridge, the seismograph, the mechanical clock, the kite, the rocket, the chain drive and the humble wheelbarrow. These are just some of the multitude of inventions China discovered and the most remarkable thing is they invented all of them, 100’s if not 1000’s of years before anyone else. They were so proli¿c, it has been postulated, that more than half the modern world is probably built on inventions or discoveries made by the ancient Chinese. Yet most people, both inside and outside China, understand little of its story or these amazing facts. ࿔ ࣅ ิ ऄ ጆ ત L i f e & C u l t u r e ENGLISHMAN JOSEPH NEEDHAM. Changed the way the world viewed China. Garry McAlpine First uncovered in 1943 by Joseph Needham The secrets of China’s story were ¿rst uncovered in 1943 by an Englishman, Joseph Needham. Needham ¿rst arrived in China during World War II as a young Cambridge scholar, and ended up spending the next forty years of his proli¿c academic life, uncovering some of China’s most extraordinary secrets. Professor Christopher Cullen from the Needham Research Institute in Cambridge, thinks the late Dr Needham’s work changed the way the world viewed China: “Everybody that studied the history of science thought it was a story that started with the Ancient Greeks, had a rather embarrassing pause during the dark ages and then onto Galileo and Newton and it became a western story from then” The Chinese were the first in the world to produce paper and develop printing and so their extensive record of invention was available for Needham to re-discover. Needham went back to Cambridge after the War and writing a short book about the history of science in China, but what actually occurred became somewhat of a legend in itself. His life’s work now amounts to more than 24 volumes on ‘Science and Technology in China’ all published by Cambridge University. )RRGSURGXFWLRQZDVVLJQL¿FDQWIDFWRU Joseph Needham effectively revealed to the Chinese as well as to the Europeans and Americans, things they didn’t even know about themselves. His research showed that the Chinese are responsible for developing essential resources upon which our modern world is now built, modern shipping, the modern oil industry and perhaps even more inÀuential, modern agriculture. Considering this, the question arises, why did the Chinese make so many of these early discoveries long before everyone else? Pulitzer Prize-winning author, Jared Diamond, author of “Guns, Germs, and Steel”, thinks food production was a signi¿cant factor: “In order to develop civilization, you need at the beginning, food to feed lots of people and to produce food surpluses which can then feed those kings and geniuses and adventurers and other people” Ancient records show how Chinese Emperors tried hard to increase agricultural production, which they saw as the ultimate source of wealth and security. In fact, early Chinese society saw ordinary people as production units belonging to the ruler. Food production leads to technology because the people who invent technology, the smiths, and the potters and the scientist, they have to be fed. If they can spend their waking hours seven days a week thinking about technology rather than working in the garden, somebody’s got to feed them. So what exactly did the Chinese do differently to produce such a food surplus? One clue comes from British agriculturalist Jethro Tull, and his adoption in 1701 of what was at the time, a Revolutionary Idea to plant seeds in rows with his mechanical device. Though he didn’t know it, the technology he adopted with his new ‘seed drill’ had already been in use in China for over 2000 years. A seed drill allowed farmers to plant seeds in well-spaced rows as a tube creates a hole, drops in a seed and covers it over. Highly organised irrigation techniques As early as 600 BC, the Chinese cultivated crops in rows. They realized that if you did this, they mature rapidly as they don’t interfere with each other’s growth. Europe did not adopt this simple technique for another 2000 years preferring to cast seeds by hand to grow where they landed. But Chinese agricultural innovation went way beyond this. By 1,000 AD, they were using highly organised irrigation techniques, but they also used cast iron ploughs that could easily be adapted to different soils. Ploughing turns the soil, bringing nutrients to the surface, burying weeds and the remains of previous crops. Christopher Cullen thinks that this was a vital factor: “One of the great differences between the material culture of pre modern China and pre modern Europe was the fact that from about 600BC in China there was the ready availability of cast iron … that is iron that comes out of the furnace in liquid form and could be run into moulds.” Now this meant that in China unlike in the West, iron tools were common and cheap and of good quality and everybody could afford to use them. That made a huge difference to the productivity of agriculture. When the Chinese plough and other innovations were eventually adopted in Europe, a massive increase in agricultural productivity in turn supported unprecedented population growth, which in turn freed up a signi¿cant percentage of the workforce, and thereby helped drive the Industrial Revolution. So part of the answer as to why the ancient Chinese were so scienti¿cally and technically advanced, lay initially in their ability to produce a food surplus. However, the more complete answer can be found in the soon to be released TV series “Legacy of China”. This 2x60 minute HD docu-drama series, takes viewers along a path of discovery to find out why Chinese civilization has not only withstood the passage of time, but is also perhaps the foremost inÀuence in the modern world. Mercuria.MCG (a member of Mercuria Energy Trading SA) produced ‘Legacy of China” which scheduled for international release in 2009. 51 L i f e & C u l t u r e ࿔ ࣅ ิ ऄ ጆ ત ዐࡔ࿔ڦᅍׂ ዐࡔ݀๏ 㗙ǖGarry McAlpine, ĀЁ᭛ᯢⱘ䘫ѻāЏ㽕߯ྟҎ ๗دຫ ЁҎѢ݀ࠡܗಯϪ㑾থᯢњ कᄫᓽˈℸˈЁҎᇍ࿕ᒝ• ⋄ᇨ䗝⫼ⱘ℺఼䴲ᐌ❳ᙝDŽ Garry McAlpine ᴃ䍙㕸ⱘ࿕ᒝ•⋄ᇨ㱑✊ᰃ⨲Ӵ༛ᬙџЁⱘҎ⠽ˈҪैϢস ㆁ 㗕ⱘЁ᳝ⴔᶤ⾡ϡৠᇏᐌⱘ݇㋏DŽᬙџ᳔ৢ䆆䗄ⱘᰃϔৡ༹ ഄ߽⊩ᅬᡞϔϾ㣍ᵰᬒ࿕ᒝ•⋄ᇨⱘܓᄤ≗⡍༈Ϟˈ䘐ⴔ⋄ ᇨᡞ㣍ᵰᇘϟᴹˈ৺߭Ҫܓᄤ䛑ᇚ㹿໘⅏DŽПࠡ䙷ৡ༹ഄ߽ Ҏ᳒ㄨᑨҪˈབᵰ⋄ᇨ៤ࡳᇘϟ㣍ᵰˈҪᇚ㦋ᕫ㞾⬅DŽ䖭ḋˈ1307ᑈ11 ᳜18᮹䙷ˈ⋄ᇨ⫼कᄫᓽᇘߎϔㆁˈϡأϡˈℷЁ䙷Ͼ㣍ᵰˈҢ㗠 ៤Ў⨲ⱘӴ༛Ҏ⠽DŽ ✊㗠ˈ࿕ᒝ•⋄ᇨϡⶹ䘧гϡৃ㛑ⶹ䘧ˈҪП᠔ҹ㛑ᅠ៤䙷ϔໂВˈ ݊ḍ⑤䖬㽕䗑⒃ࠄԡѢϔϾञ⧗ⱘসҷЁDŽㅔ㗠㿔Пˈབᵰ≵᳝䎱 ⋄ᇨϔगᑈࠡⱘᶤԡЁҎⱘথᯢˈ䖭Ͼ㾺Ⳃᖗⱘᬙџৃ㛑Ӯᰃ✊ ϡৠⱘϔ⾡᱃䈵њDŽӫ᠔਼ⶹˈЁҎѢ݀ࠡܗಯϪ㑾থᯢњकᄫ ᓽˈℸˈЁҎᇍ࿕ᒝ•⋄ᇨ䗝⫼ⱘ℺఼䴲ᐌ❳ᙝDŽ ℸᳳ䯈ˈЁᣕ㓁ഄߎњ䆌থᯢϢ߯䗴ˈՓЁ៤ЎϪ⬠Ϟ᳔ᔎ ǃ⾥ᄺ᳔ܜ䖯ⱘᆊDŽℷᰃЁথᯢњ☿㥃ǃ䫌䪕ǃ㒌ᓴǃ䪅Ꮥǃॄ ࠋᴃǃᣛफ䩜ǃϱ㓌ǃ㠍㠉ǃӲ⫮㟇䕀䕈⏨DŽ བᵰϞ䗄থᯢ⏙ऩ≵㛑ᓩ䍋Դⱘ⊼ᛣˈϟ䴶ⱘ⏙ऩϔᅮৃҹDŽ Ё䖬ᰃ᳔ᮽՓ⫼✊⇨ⱘᆊˈ᳔ᮽথᯢњ᪁⾡ᴎǃ⫋఼ǃ☿ ᷈ǃⓚ఼ǃḹǃഄ䳛ҾǃᴎẄ䩳ǃ亢ㄱǃ☿ㆁǃ䫒ᴵ偅ࡼㅔᯧⱘ⣀ 䕂䔺DŽ䖭ѯাᰃЁӫথᯢЁⱘϔ䚼ߚDŽ᳔ҸҎ্ⱘᰃˈЁ Ҏⱘ᠔᳝䖭ѯথᯢˈ䛑㽕↨݊Ҫ⇥ᮣᮽདⱒᑈ⫮㟇गᑈDŽЁҎⱘ থᯢ᭄䞣ҎDŽ᳝Ҏㅫ䖛ˈ⦄ҷϪ⬠ৃ㛑ϔञᰃᓎゟসҷЁҎ ⱘথᯢϢথ⦄⸔ПϞⱘDŽԚᰃ᭄ҎˈϡㅵᰃЁҎ䖬ᰃҎˈ 䛑ᇍ䖭ѯҎⱘџᅲⶹП⫮ᇥDŽ 1943ሀ୲ံࠅਸڦ ံپࠟڦዐࡔ Ўϔৡᑈ䕏ⱘࠥḹᄺ㗙ˈᴢ㑺⨳ѢѠᳳ䯈ϔᴹࠄЁˈ㒧 Ԛᰃˈབᵰ⋄ᇨⱘᬙџথ⫳13Ϫ㑾ⱘЁˈЁҎৃ㛑Ӯ䗝ᢽᅠ ܼϡৠⱘ℺఼DŽᔧᯊⱘЁҎ䴲ᐌܜ䖯ˈᏆ㒣Փ⫼ᵾǃ㑻☿ㆁǃ⚂ ⫮㟇ഄ䳋DŽЁҎ℺఼Ϟ↨ᔧᯊ⌆Ҏܜ䖯ᕫDŽ ᵰҪℸৢಯकᑈⱘᄺᴃ⫳⎃䛑㢅њᧁ⼎Ё䖭ѯ᳔ϡᇏᐌⱘ⾬ᆚϞˈ পᕫњЄ⸩ⱘᄺᴃ៤ᵰDŽࠥḹᄺᴢ㑺⨳ⷨお᠔ⱘܟ䞠ᮃᠬᓫ•ᑧҥᬭᥜ 䅸ЎˈᏆᬙⱘᴢ㑺⨳मⱘⷨお៤ᵰᬍবњϪ⬠ᇍЁⱘⳟ⊩DŽ ЁᰃϔϾস㗕ⱘᆊDŽЁⱘग़ᳱҷৃҹ䗑⒃ࠄಯगᑈࠡDŽ ݀ࠡܗ221ᑈˈ⾺ྟⱛ៤Ўϔԡ㒳ϔЁⱘⱛᏱDŽℸৢˈ䖭⾡㒳ϔ⢊ᗕ ҹ䖭ḋ䙷ḋⱘᮍᓣᄬ㓁њ2000ᑈˈⳌᔧѢ㣅ⱛᅸ㒳⊏ᯊ䯈ⱘϸסDŽ Āᄺ䖛⾥ᄺⱘҎᴀϞ䛑䅸Ў⾥ᄺҹসᏠ㜞ᓔྟˈЁϪ㑾䙷 ↉咥ᱫቕ᳜䞠㒣ग़䖛ϔ↉ҸҎ䲒ҹᖡফⱘذ⒲ᳳˈ✊ৢህᰃԑ߽⬹⠯ 乓ˈℸৢ䛑ᰃ㽓ᮍⱘग़њDŽā 52 ࿔ ࣅ ิ ऄ ጆ ત L i f e & C u l t u r e ЁҎᰃϪ⬠Ϟ᳔ᮽ⫳ѻߎ㒌ᓴᑊথᯢॄࠋᴃⱘˈℸˈᴢ㑺⨳ৃ ҹ㦋ᕫЁҎ⬭ϟⱘ䞣থᯢⱘ䆄ᔩᑊᕫҹ䞡⦄ЁҎⱘথᯢDŽ 䎱ᑊ៤㸠ഄ᪁⾡DŽ ᮽ݀ࠡܗ600ᑈˈЁҎህ៤㸠⾡ỡݰ⠽DŽҪӀⶹ䘧䖭ḋݰخ ⠽៤❳ᕫᖿˈЎݰ⠽ⱘ⫳䭓ⳌѦϡফᕅડDŽℸৢϸगᑈ䞠⌆ ๋ิׂ࠲ྺׯ॰ᅺ໎ ৢᴢ㑺⨳ಲࠄࠥḹˈᴀᴹা䅵ߦ㓪ݭϔᴀ݇ѢЁ⾥ᄺⱘㅔ ˈԚᅲ䰙៤ᵰै៤ЎϔϾߦᯊҷᛣНⱘⷨおߎ⠜乍ⳂDŽᴢ㑺⨳ⱘ Ҏ䛑≵㛑䞛⫼䖭⾡ㅔऩⱘᡔᴃˈձ✊䞛⫼Ꮉᩦ᪁ˈ⾡ᄤᩦࠄા䞠ˈህ ા䞠⫳䭓DŽ ԚЁҎⱘݰϮ߯ᮄ䖬ϡҙҙབℸDŽ݀ܗϔगᑈᯊˈЁҎᏆᓔྟ ↩⫳ⷨお៤ᵰᏆޱ㒧ЎⳂࠡᏆߎ⠜њ24䚼ⱘljЁ⾥ᡔNJˈഛ⬅ࠥḹ ᄺߎ⠜⼒ߎ⠜DŽᴢ㑺⨳ϡҙҙ⌆Ҏ㕢Ҏǃᅲ䰙ϞгЁҎ ᧁ⼎њ䙷ѯЁҎ㞾Ꮕ䛑ϡⶹ䘧ⱘџᚙDŽҪⱘⷨお㸼ᯢˈ៥Ӏ䌪ҹᓎゟ 䖤⫼催ᑺথ䖒ⱘ☠ᡔᴃDŽৠᯊˈҪӀ䖬Փ⫼䗖ড়㗩ϡৠೳຸⱘ䫌䪕 ⡕DŽ䪕⡕㛑ᡞೳຸᥔᓔˈᡞߚݏᏺࠄഄ㸼ˈᑊᇚᴖ㤝Ϟϔᳳ⠽ⱘ⅟ ⏷ඟࠄഄϟDŽ ⦄ҷϪ⬠ⱘḍüü⦄ҷ䗴㠍Ϯǃ⦄ҷ⊍ᎹϮǃ 䆌 䖬᳝ᕅડ ⱘ⦄ҷݰϮˈ䛑ᑨᔦࡳѢЁҎDŽ ᛇࠄ䖭ѯˈ៥Ӏ㛥⍋ЁӮѻ⫳ϔϾ䯂乬˖ЎҔМЁҎ䖰ᮽѢ݊Ҫ ܟ䞠ᮃᠬᓫ•ᑧҥ䅸Ў䖭ᰃϾ݇䬂㋴ĂĂĀ⦄ҷҹࠡⱘЁϢ⦄ ҷҹࠡⱘ⌆⠽䋼᭛ᯢᮍ䴶᳔ᏂᓖПϔѢˈ݀ࠡܗ600ᑈᯊЁ ህᏆᢹ᳝䫌䪕ˈ䖭⾡䪕ҹ⎆ᗕᔶᓣ⌕ߎˈ♝ފᑊৃҹᡞᅗצ䖯⾡ ᠔᳝⇥ᮣ䖯㸠њབℸӫⱘথᯢ˛ljᵾ⚂ǃ⮙㦠Ϣ䩶䪕NJϔк㗙ǃ᱂ ߽ㄪ༪㦋ᕫ㗙䌒䞠ᖋ•᠈㩭䅸Ўˈ亳ક⫳ѻᰃϔϾ䴲ᐌ䞡㽕ⱘ㋴DŽ ЁDŽā 䖭ህᛣੇⴔϡৠѢ㽓ᮍˈЁ䪕ࠊᎹ䴲ᐌ᱂䘡ǃ䋼䞣催ԚӋḐ Ԣˈ↣ϾҎ䛑㛑фᕫ䍋DŽᅗ䗴៤њݰϮ⫳ѻᮍ䴶ⱘᎼᏂᓖDŽ Ā㽕থሩ᭛ᯢˈ佪ܜ䳔㽕亳⠽ᴹ⌏ݏ䞣Ҏষˈ䅽䖭ѯҎ⫳ѻ࠽ԭ ⱘ㊂亳ᴹ⌏ݏ⥟ǃᠡǃݦ䰽㗙ҹঞ݊ҪҎDŽā ᭭ᰒ⼎ˈЁ㒳⊏㗙チᠽЎᅝܼϢ䋶ᆠП⑤ⱘݰϮ⫳ѻDŽ সҷЁ⼒Ӯᡞ᱂䗮ⱒྦྷᔧሲѢ㒳⊏㗙ⱘ⫳ѻऩԡDŽ㊂亳⫳ѻᇐ㟈ᡔ ᴃ䖯ℹˈЎথᯢᡔᴃⱘҎˈ䙷ѯᎹࣴǃ䱊㡎Ꮬ⾥ᄺᆊӀ䛑ᕫৗ佁DŽ བᵰҪӀϔ਼ϗ䛑㢅ᗱ㗗ᡔᴃ䯂乬Ϟ㗠ϡᰃݰഎ䞠Ꮉˈ݊ҪҎ ህᕫ⌏ݏҪӀDŽ ߛ܈ፇኯࣅ߄࠺ڦरຍ 䙷Мˈ ЁҎࠄᑩ᳝ાѯϢӫϡৠП໘ˈՓᕫҪӀ㛑⫳ѻߎ䙷ѯ࠽ ԭⱘ㊂亳ਸ਼˛Ң㣅ݰᄺᆊᵄᗱ㔫•⡍ᇨ䙷䞠ৃҹᡒࠄϔᴵ㒓㋶DŽ⡍ᇨѢ 1701ᑈ䞛⫼Ҫ䆒䅵ⱘᴎẄ㺙㕂៤㸠ഄ䖯㸠᪁⾡ˈ䖭ᔧᯊৃҹㅫᰃ䴽ੑ ᗻⱘ᪁⾡⧚ᗉњDŽሑㅵᵄᗱ㔫•⡍ᇨᑊϡⶹ䘧ˈԚҪⱘĀᮄ᪁⾡ᴎā᠔䞛 ⫼ⱘᡔᴃ݊ᅲᏆЁ䖤⫼њϸगᑈњDŽ᪁⾡ᴎϞ↣ϔḍㅵᄤӮഄ ϞᠧϔϾ⋲ǃᬒܹϔ㉦⾡ᄤݡ㽚ⲪϞ⊹ೳˈ䖭ḋˈ⇥ݰህৃҹࠊ㸠䯈 Ёⱘ⡕ҹঞ݊Ҫϔѯথᯢ᳔㒜㹿⌆䞛⫼ৢˈ⌆ⱘݰϮ⫳ѻ ᐙᦤ催ˈ䖯㗠ᅲ⦄њҎষ᮴ࠡ՟ⱘ䭓ˈՓⳌᔧⱘࢇࡼᕫࠄ㾷 ᬒˈᑊℸࡼњᎹϮ䴽ੑⱘথሩDŽ ℸˈЁЎҔМ⾥ᡔϞབℸܜ䖯ˈ䚼ߚԚैᕜḍᴀⱘॳ䖬 ѢҪӀ⫳ѻ࠽ԭ亳⠽ⱘ㛑DŽ ✊㗠ˈབᵰ㽕ᇏᡒ䖭Ͼ䯂乬ⱘᅠᭈㄨḜˈ䇋݇⊼ेᇚথ㸠ⱘ⬉㾚㋏ ߫⠛lj⑤•㋶ЁNJ˄⠛ৡ᱖ᅮ˅DŽ䖭䚼催⏙᭛⤂࠻݅ϸ䲚ˈ↣䲚60ߚ 䩳ˈᅗᡞ㾖ӫᏺϞথ⦄ПᮙˈᇏЎҔМЁ᭛ᯢϡҙ㒣ফԣњᯊ䯈ⱘ 㗗偠ˈ㗠Ϩ䖬ᇍ⦄ҷϪ⬠ѻ⫳њৃ㛑ᰃ᳔Ў䞡㽕ⱘᕅડDŽ ఊMCGೌࠅິ˄ఊీᇸஹᅟࠅິׯڦᇵࠅິ˅ፕڦljᇸ•༑ ዐࡔNJ˄ೌఁሡۨ˅ॽᇀ2009ඇ൰݀ႜDŽ ljᇸ•༑ዐࡔNJ˄ೌఁሡۨ˅ኴႜೌට˖߃•ਸ਼ՠ 53 R e g i o n a l N e w s ൶ ᇘ ႎ ࿕ Beijing ࣫Ҁ SwissCham Beijing Shanghai Ϟ⍋ Swiss Ball 2008 Many thanks to our sponsors Hong Kong 佭␃ Guangzhou ᑓᎲ Gold Sponsors Silver Sponsors 54 ൶ ᇘ ႎ ࿕ Specials ฆࣷᄲ࿕ November 8, 2008 Swiss Ball 2008 Red & White – Fire & Ice The Olympic flame had been extinguished in August but the Swiss Ball kept the fire burning! On November 8th, when Beijing nights got colder, SwissCham and the Swiss Society heated up Swissôtel’s Grand Ballroom and presented an evening full of contrasts and extremes, with fiery and icy elements. An exciting fire dancer warmed up the cocktail area before the grand opening of the Ballroom’s doors. The guests could then admire the ballroom’s decoration with ice carvings and arti¿cial ¿re. Distinguished guests such as H.E. Ambassador of Switzerland Mr. Blaise Godet, together with the President of SwissCham Beijing, Mr. John Liebeskind, and the Vice President of Swiss Society Beijing, Mr. Beat Mueller, delighted the audience with their presence and speeches. The guests had the chance to taste the delicious cuisine of Swissôtel’s new Swiss Chef, with a menu combining typically Swiss and Asian food, selected wines, followed by the traditional Swiss chocolate buffet. Between the courses, the guests could enjoy a candles contortionists’ show as well as live music. The over 280 attendees were treated to an entertaining night filled with fun, music, dance, gifts and fundraising among the Swiss community of Beijing to support the Charity Project of building an earthquake-proof school in Sichuan. During the evening, 25’000RMB was raised from the lucky draw tickets and just when the crowd thought the excitement was tailing off, the Boogie Woogie pianist Silvan Zingg delighted the audience with swing, tasty groove and impressive virtuosity during his live appearance. The audience could enjoy on-thespot hand-rolled Cohiba cigars and taste ¿ery pepper berry vodka Àowing down a sculpted ice mountain. Special thanks go to our sponsors and partners, without whom this ball would not have been such a success. These were in particular our Gold Sponsors ABB, UBS, SwissRe, Victorinox and our Silver Sponsors SGS, ZKB and Zurich Insurance. Other companies have R e g i o n a l contributed to the success of the evening, such as our Swiss wine and beer provider MQ Wines, official chocolate sponsor Lindt & Sprüngli, Strait Vodka, the exclusive coffee sponsor Nespresso and our ice cream provider Moevenpick. MC Denis Schmid with the organizing committee, from left to right, Yvan Sprunglin, Michaela Scarpatetti, Christoph Koeppel, Felicitas Sohm and Peter Troesch 55 N e w s R e g i o n a l N e w s ൶ ᇘ ႎ ࿕ Shanghai Ϟ⍋ Beijing ࣫Ҁ Executive Changes ዘᄲՎ߸ Hong Kong 佭␃ Guangzhou ᑓᎲ Michaela Scarpatetti left SwissCham Beijing last February for a new start in South America. She had been Executive Director at SwissCham Beijing for almost two years and contributed in a very dynamic way to the good functioning of SwissCham Beijing Management’s Team. SwissCham Beijing Directors and Team thank you and wish you a successful new beginning on the New Continent! Batiste Pilet took over the management of the Chamber as General Manager since 1 March 2009. Events Review ऄۯᄲ࿕ October 15, 2008 –International Interns 1 and Young Professionals Evening The International Interns and Young Professionals Evening, organized by Hutong School and Obiwan, supported by SwissCham, BenCham, Young French Chamber and NANC (The Netherlands Alumni Network in China) was the third social networking event for foreign interns and young professionals. It took place in the Club Obiwan and was an opportunity to extend one’s network and spend a pleasant evening meeting other young professionals from around the globe. 56 ൶ ᇘ ႎ ࿕ N e w s Switzerland in China, made a general presentation on this issue. The speech was followed by a lively Q&A session. October 16, 2008 – Committee Event: 2 Presentation for the delegation of the Swiss Federation of Architects On the occasion of the study-tour to Beijing of the Swiss Architects Federation, SwissCham Beijing organized a conference to introduce some projects lead by famous Chinese Architect ZHONG Song and Swiss architect Ronald Szypura, also Director of the Board of SwissCham Beijing. The delegation listened to ZHONG Song presenting his 8 biggest projects achieved between 1999-2008 and Ronald Szypura’s overview on his projects in China. R e g i o n a l November 6, 2008 – Breakfast Seminar 4 on "Transfer Pricing Documentation Rules" SwissCham, EUCCC and the French Chamber of Commerce organized a breakfast seminar on the new "Transfer Pricing Documentation Rules", in preparation for the “Transfer Pricing Documentation” regulations expected to be released by the SAT (State Administration of Taxation) in China. Winnie Di, a partner in the PricewaterhouseCoopers Transfer Pricing Services, was the speaker. Hervé Findeisen, Head of the Visa Section, Embassy of Switzerland. December 4, 2008 – Breakfast Seminar Ronald Szypura, SZYPURAARCHITECTS and Zhong Song, Song Studio 5 "Mobility solutions: Trends & Developments" SwissCham Beijing and the French Chamber of Commerce organized this breakfast seminar which focused on “ubiquitous computing”. The speakers James Wee and Pieter Zylstra, Principal Consultants from Orange Business Services introduced projects built by Orange for enterprises that have helped their customers. Around 20 people attended this seminar . December 9, 2008 – Breakfast Seminar 3 October 24, 2008 – First Annual Women in Business Conference The Beijing's First Annual Women in Business Conference took place at the Landmark Hotel, and was a salute to the most successful business women in China. This event was organized by Yi Ming Consulting and included 40 speakers: GMs, VPs and Directors from such companies as Novartis, Microsoft, Agilent, Cisco, IBM, JPMorgan, Lenovo, McKinsey, Merrill Lynch, Siemens, United Nations, Ernst and Young and many others. 6 "The New Swiss Schengen Visa" SwissCham Beijing with the support of the Embassy of Switzerland in China and the Swiss Business Hub China held a breakfast seminar on "The New Swiss Schengen Visa” at the Hilton Hotel. The Swiss-EU Schengen cooperation started to be operational from 12th December 2008. This means that Switzerland has started issuing Schengen Visa valid for a maximum stay of three months. This Swiss Schengen Visa not only allows travel in Switzerland but also in the whole Schengen area. Conversely, Chinese passport holders with a valid Schengen Visa issued by other Schengen-states can enter Switzerland without an additional Swiss visa. Mr. Hervé Findeisen, Head of Visa Section at the Embassy of Liu Zhiqin, ZKB and Felix Sutter, PwC December 15, 2008 – SwissCham Beijing 7 Young Professionals' Forum 7KH¿UVW<RXQJ3URIHVVLRQDOV )RUXP - Where Tomorrow's Leaders Meet – was set up by SwissCham Beijing with the aim to provide Young Professionals with a networking platform tailored to their QHHGVJLYLQJWKHPDFFHVVWRKLJKSUR¿OH and experienced business executives. The attendees had the chance to talk about issues related to their career development. The topic was “What do MultiNational Companies Look for in the Ideal Young Professional to be Hired in China?” It took place at the Crowne Plaza Sun Palace Beijing, and welcomed two speakers, Jennifer Jin, Senior HR Director at Novartis and Brice Koch, President of ABB North Asia Region and Chairman and President ABB China. They updated the audience on the latest trends in HR management and explained what are the requirements and expectations from Young Professionals hired in China. After the speeches, the audience networked in a cheerful atmosphere around an exquisite buffet. Our thanks go to the sponsors: Crowne Plaza Sun Palace Beijing and Phoenix Place. 57 R e g i o n a l N e w s ൶ ᇘ ႎ ࿕ January 13, 2009 – Tianjin Business Shanghai Ϟ⍋ Beijing ࣫Ҁ 9 Networking Jennifer JIN, Novartis (left) and Brice Koch, ABB (right) with moderator Clarisse von Wunschheim, Jones Day SwissCham Beijing in cooperation with the Tianjin Networking Club, the Tianjin Expats Website, various Chambers of Commerce and foreign business organizations held the first business socializing evening in Tianjin. This event gave SwissCham Beijing the opportunity to expand its activities in the vibrant city of Tianjin. Cassie Shu and Jeyanthy Geymeier, SwissCham Beijing Guangzhou ᑓᎲ New Members ႎࣷᇵ Corporate Members Hong Kong 佭␃ Jasmine Keel, Inspired Claudio Mazzucchelli, Swiss Business Hub, Guido Greber, M & M Militzer and Christian Dougoud 8 Christmas Mixer Yan Hai, CCPIT Tianjin SwissCham Beijing and the German Chamber of Commerce in China coorganized a cosy Christmas Inter-Chamber Mixer at Drei Kronen 1308. This was the occasion to get to know members of the German and Swiss Chambers, in a Christmas atmosphere. 10 Chamber Networking December 18, 2008 – Inter-Chamber 58 Mr. Vincent WAN Company: Swiss Gastro Bakery Beijing Co., Ltd. Address: 4 First Northern Street, Beijing Yanqi Industrial Development Zone, Huairou District, Beijing ྤ࡛ਬ ৡ⿄: ԛॆ๋ᆶ၌ࠅິ ഄഔ: ࣫ҀᏖᗔᶨऎ䲕ᷪᎹϮᓔথऎ䲕ᷪ ࣫ϔ㸫4ো Postcode/䚂㓪: 101407 Tel/⬉䆱: +86 10 6166 8241 Fax/Ӵⳳ: +86 10 6166 8242 Website/㔥ഔ: www.swissgastrobakery.cn January 15, 2009 – New Year Inter- This event organized by SwissCham Beijing, the Canada China Business Council and the European Chamber of Commerce at the Pangu Hotel successfully attracted 250 guests to network in a luxurious and warm atmosphere, with view on the Water Cube and the Bird’s Nest. Mr. Patrik LI Company: Kingsphere Business Solutions Address: Room 32, Gate 1, Building 9, Jianguomenwai Foreign Diplomatic Residence, Chaoyang District, Beijing մ ৡ⿄: ఢूࣀ ഄഔ: ࣫ҀᏖᳱ䰇ऎᓎ䮼Ѹ݀ᆧ9ো ὐ1䮼32ᅸ Postcode/䚂㓪: 100600 Tel/⬉䆱: +86 10 8532 2980 Fax/Ӵⳳ: +86 10 8532 5152 Website/㔥ഔ: www.kingspherechina.com ൶ ᇘ ႎ ࿕ R e g i o n a l N e w s Members' News ࣷᇵႎ࿕ Opening of Mercuria Energy's new office in Beijing, October 9, 2008 Mr. Jun YANG Company: Aer Network Beijing Co., Ltd. Address: 25/F, Tower A, G.T International Center, Jianguomen Outer Avenue, Chaoyang District, Beijing ᄘਬ ৡ⿄: ԛҸܻྪୟरᆶ၌ሴඪࠅິ ഄഔ: ࣫ҀᏖᳱ䰇ऎᓎ䮼㸫䗮⫼ 䰙ЁᖗAᑻ25ሖ Postcode/䚂㓪: 100022 Tel/⬉䆱: +86 10 5879 4000 Fax/Ӵⳳ: +86 10 5879 4111 Website/㔥ഔ: www.aer.cn Mr. Justin TANG Company: Beijing Rüeger Precision Instrument Co., Ltd. Address: 5/F, 135A Chengshousi Road, Chaoyang District, Beijing ኣጸျ ৡ⿄: ԛ߭ᅏഗᆶ၌ࠅິ ഄഔ: ࣫Ҁᳱ䰇ऎ៤ᇓᇎ䏃⬆135ো5ሖᅸ Postcode/䚂㓪: 100164 Tel/⬉䆱: +86 10 8767 3379 Fax/Ӵⳳ: +86 10 8761 3727 Website/㔥ഔ: www.rueger.com Mr. Daniel ARBENZ Company: Crowne Plaza Sun Palace Beijing Address: Yunnan Tower, 12 Qisheng Middle Street, North Third Ring East Road, Chaoyang District, Beijing Ҹՠຯ ৡ⿄: ԛႎሊళ࣠࠴्න৶ی ഄഔ: ࣫ҀᏖᳱ䰇ऎ࣫ϝ⦃ϰ䏃ϗЁ㸫 12োѥफॺ Postcode/䚂㓪: 100028 Tel/⬉䆱: +86 10 6429 8888 Fax/Ӵⳳ: +86 10 6452 1601 Website/㔥ഔ: www.crowneplaza.com/sunpalace Ms. Roma QUEDDENG Company: SIP Project Management Address: Suite 2008, Zhongyu Plaza, A6 Gongti North Road, Beijing ৡ⿄: ᆈࡔዐࡔएॺࢇፕᆶ၌ࠅິ ഄഔ: ࣫ҀᏖᎹԧ࣫䏃⬆6োЁᅛॺ2008ᅸ Postcode/䚂㓪: 100027 Tel/⬉䆱: +86 10 6525 1950 Fax/Ӵⳳ: +86 10 6525 0047 Website/㔥ഔ: www.sipgroup.com Mr. Roger DI Company: KPMG Address: 8/F, E2 Tower, Oriental Plaza, 1 East Chang An Avenue, Beijing ৡ⿄: Թகྰࣀናࣷऺ๚ခ ഄഔ: ࣫ҀᏖ䭓ᅝ㸫1োϰᮍᑓഎ2ᑻࡲ݀ ὐ8ሖ Postcode/䚂㓪: 100738 Tel/⬉䆱: +86 10 8508 5000 Fax/Ӵⳳ: +86 10 8518 5111 Website/㔥ഔ: www.kpmg.com.cn Mr. Antoine DE RYCKEL Company: Neo Advertising Address: Unit 2103, The Exchange Building, 118B Jianguo Road, Chaoyang District, Beijing ৡ⿄: ౹࠽ߢ ഄഔ: ࣫ҀᏖᳱ䰇ऎᓎ䏃Э118োҀ∛ ॺ2103ᅸ Postcode/䚂㓪: 100022 Tel/⬉䆱: +86 10 6567 6630 Fax/Ӵⳳ: +86 10 6567 6631 Website/㔥ഔ: www.neoadvertising.com On October 9th 2008, His Excellency Dante Martinelli, Ambassador of Switzerland officially opened Mercuria Energy's new of¿ce in Beijing, along with Mercuria President and CEO Marco Dunand, in a brief ceremony where the new sign was unveiled. The of¿ce, which is on the 47th Àoor of the Yintai Of¿ce Tower in Beijing's CBD, has a panoramic view of China's dynamic capital city. Mercuria Energy Group is an international group of companies active over a wide spectrum of global energy markets, including crude oil and refined products, petrochemical products, natural gas, power, vegetable oils and carbon emissions. Mercuria is one of the five largest independent private crude oil and petroleum products traders in the world, playing a dynamic, diversified and growing role in the global energy market. China is one of Mercuria's fastest growing markets. Mercuria has two companies in China. Mercuria Energy Trading (Beijing) Co., Ltd. assists the Group to find profitable business opportunities and connect the Group’s considerable global resources with China’s domestic markets and producers. Mercuria Investment Consulting (Beijing) Co., Ltd. takes primary responsibility for all Chinese business and related risk control management instruments. It also assists the Group to evaluate, develop and manage investment projects in China. Associate Member Stefan VON ARX Address: Room 401, Xi Yi Building, China University of Mining & Technology Beijing, 11 Xueyuan Road, Haidian District, Beijing ޟҾ ഄഔ: ࣫ҀᏖ⍋⎔ऎᄺ䰶䏃ϕ11োЁⷓ Ϯᄺ㽓ϔὐ401ᅸ Postcode/䚂㓪: 100083 Marco Dunand, Mercuria and H.E. Ambassador Dante Martinelli 59 R e g i o n a l N e w s ൶ ᇘ ႎ ࿕ Beijing ࣫Ҁ SwissCham Shanghai CHINESE NEW YEAR GALA & ”SWISS CEO/ENTREPRENEUR OF THE YEAR 2007” AWARDS Shanghai Ϟ⍋ Many thanks to our sponsors for this wonderful evening, and special thanks to our title sponsor: Bank Sarasin Co. Ltd. Guangzhou ᑓᎲ Gold Sponsors Hong Kong 佭␃ Silver Sponsors Bronze Sponsors In-kind Sponsors The Chinese New Year Gala is kindly supported by 60 ൶ ᇘ ႎ ࿕ R e g i o n a l N e w s Events Review ऄۯᄲ࿕ January 16th, 2009 - CEO of the Year 1 Award - Chinese New Year Gala On Friday 16 January, 2008, SwissCham Shanghai held its event of the year: the Chinese New Year Gala 2009. The highlight of the evening was the announcement of the prestigious “Swiss CEO/Entrepreneur of the Year Award 2008”. The winner of the award, Mr. Urs Eller, CEO of Phonak China, also received a luxurious Omega watch offered by Swiss Center Shanghai. The 270 guests in the grand ball room of the JW Marriott hotel spent a magnificent evening, enjoying a five course gourmet dinner, trying their luck as a rodeo cowboy on the machine bull, being entertained by diverse performances such as Kung Fu artists, various dances, plateVSLQQLQJDFUREDWVDVZHOODVDUDIÀHWLFNHW draw with attractive prizes. After the lights went out in the grand ball room, this wonderful evening wasn’t over yet, as many of the guests decided to move to the Swiss ORXQJHRQWKHWRSÀRRURIWKH-:0DUULRWW hotel to continue celebrating deep into the night. THE SWISS CHINESE NEW YEAR GALA 61 N e w s ൶ ᇘ ႎ ࿕ Hong Kong 佭␃ Guangzhou ᑓᎲ Shanghai Ϟ⍋ Beijing ࣫Ҁ R e g i o n a l THE SWISS CHINESE NEW YEAR GALA 62 ൶ ᇘ ႎ ࿕ R e g i o n a l N e w s THE SWISS CHINESE NEW YEAR GALA 63 Hong Kong 佭␃ Guangzhou ᑓᎲ Shanghai Ϟ⍋ Beijing ࣫Ҁ R e g i o n a l N e w s ൶ ᇘ ႎ ࿕ October 21st, 2008 - Joint Chamber SME 2 Labor Law Workshop In order to provide support for SMEs human resources competencies, SwissCham together with CanCham and BenCham co-organized a joint-chamber China Labor Law and Practices Workshop. Labor law attorney- Mr. Philippe Snel of of De Wolf & Partners and HR Managers Miss May Bai of the JLJ group were invited to address issues concerning the new Labor Law and daily practices at a breakfast meeting in the Portman Ritz-Carlton Shanghai. They presented the 45 participants on the essentials of the new labor contract law, on how to adjust your practices to the new employment framework, on how to avoid risks in hiring people and etc. the challenges doing every day business in China people often underestimate. From left: Heinz D’Arsie (Lenzlinger & Sons), Speaker Christian Ingold (Metabo), Reto Tomassini (Mannhart Consultants) November 3rd, 2008 - Lunch Meeting Young Professionals following the presentation Participants paying full attention to the speakers’ explanations October 23rd, 2008 - 5th Young Profe- The 5th Young Professional Gathering took place at Cotton’s on the 23rd of October with Mr. Christian Ingold, Managing Director of Metabo China, being the guest speaker. In a very cozy and intimate atmosphere, Mr. Ingold shared his experiences with a crowd of 25 young professionals on such topics as: the hardships of setting up \RXURZQFRPSDQ\LQ&KLQDWKHGLI¿FXOWLHV facing an internationally renowned company entering the Chinese market, as well as 64 On the 3rd of November the Consulate General of Switzerland together with SwissCham Shanghai greeted 60 guests to an exclusive conference “Being a World Reinsurer Today” with special invited speaker Mr. Jacques Aigrain, CEO of Swiss Re at the Grand Hyatt in Pudong. Mr Aigrain passed on his insider knowledge of the reinsurance industry in the current harsh economic environment to the 60 guests present. October 29th, 2008 - The Inter Chamber 4 Autumn Mixer On October 29th, members of all foreign Chambers of Commerce in Shanghai gathered in the beautiful settings of the Hotel Grand Hyatt in Pudong. While enjoying the buffet and sipping down champagne (for some) and orange juice (for the most reasonable), SwissCham Shanghai members had the opportunity to meet with approximately 700 other foreign and local businessman/woman for an evening of individual networking. October 30th, 2008 - Development of 3 ssional Gathering From left: Liv Minder (SwissCham Shanghai), Speaker Kim Clarkson (Ernst & Young), Speaker Philipp Senff (Beiten & Burkhardt), Daniel Heusser (Virtuaarch/ Board Member SwissCham Shanghai) 6 With Swiss Re and enjoying the atmosphere The two speakers: Ms. May Bai (JLJ Group) and Philippe Snel (De Wolf & Partners) bubble pop as in other western countries? 5 Real Estate Prices in China The focus of this special conference, which took place in the Skyway Hotel was to shed light on the recent developments of the commercial side of the real estate market. Mr. Philipp Senff of Beiten Burkhardt and Mr. Kim Clarkson of Ernst & Young shared their expert knowledge with the 25 guests and gave their opinions on such tricky questions as: After years of rising prices in the real estate market what is to be expected of the future? Is the Chinese real estate market overbought and will the President of SwissCham Shanghai Christian Guertler giving special invited guest speaker Mr. Jacques Aigrain of Swiss Re a SwissCham Novus Atlas Sinensis as a thank you for the wonderful presentation From left: William Frei (Consul General), ൶ ᇘ ႎ ࿕ Jacques Aigrain (CEO Swiss Re), Christian Guertler (President SwissCham Shanghai) 7 R e g i o n a l N e w s December 4th, 2008 - 10th CFO 10 Roundtable November 11th 2008 - World Financial Crisis and Its Impact on China Speaker Ivan Beldi (Malik Management) explaining how to set up a business plan The topic of the 10th CFO roundtable was "Customs Update", which was moderated by Mr. Rune Foldnes, Country Finance Manager of DKSH.Mr. Oleg Kolobenchuk, Executive Director, Customs & International Trade Services at Ernst & Young, gave the 12 participating CFOs a presentation on the key updates from the customs department at the Grand Hyatt in Pudong. December 9th, 2008 - Financial Ser- November 27th, 2008 - Branding, Inte- 9 grating Traditional and Digital Media From left: Christian Guertler (SwissCham SHA President) and Thomas Luedi (McKinsey) This special conference took place in the Longemont on the 11th of November. Mr. Thomas Luedi, Principal, Head of Corporate Finance Asia of McKinsey shared his thoughts with more than 50 guests on the current world financial crisis that has broadened to a larger extent then was origLQDOO\H[SHFWHG0U/XHGLPDLQ¿QGLQJZDV that China is well positioned to weather the crisis, with the country’s fundamentals being very strong, thus leading to a less severe impact of the financial crisis than in western countries. Moreover, his prognoses for future economic growth in China were more optimistic than many other grim outlooks by other experts. On November 27th, Swisscham Shanghai, together with BenCham and the Italian Chamber of Commerce organized an event on branding titled “Branding, integrating traditional and digital media”, which took place in the Sheraton Shanghai Hotel & Residences. Miss Bessie Lee, CEO of GroupM China, was the invited guest speaker for this event and gave the 40 guests an introduction how to successfully distinguish and protect your brands and brand names. Furthermore Miss Lee showed participants how they their company can effectively integrate digital and traditional media tools to build their own brand. 11 vices Mixer The Financial Services Focus Group welcomed all those members in banking, insurance and other financial services industries from the AustCham, the British Chamber of Commerce, the Irish Business Forum and SwissCham, to the mixer on Tuesday, December 9th in the restaurant La Verbana in Pudong. The approximately 50 participants used this opportunity to meet and network with other chamber members specialized and focused on financial services, as well as fellow industry professionals. December 15th, 2008 - The Inter 12 Chamber Christmas Mixer On December 15th, members from all the foreign Chambers of Commerce in Shanghai gathered in the Hotel Grand Hyatt in Pudong. SwissCham Shanghai members had the opportunity to meet with around a thousand other foreign and local businessman/woman for an evening of individual networking. December 18th, 2008 - 7th Young Pro- 13 fessional Gathering Speaker Miss Bessie Lee (CEO of GroupM China) explaining how to integrate digital and traditional media tools Moritz Wuttke (Publicitas) November 20th, 2008 - 6th Young Pro- 8 fessional Gathering The 6th Young Professional Gathering took place on the evening of the 20th November in Cotton’s. Mr. Ivan Beldi, Partner of Malik Management Zentrum St.Gallen was the guest speaker giving the 25 participants valuable tips on how to successfully set up your own business plan and how to overall improve your management. The last monthly Young Professional Gathering of 2008 was held on the 18th of December.Mr. Moritz Wuttke, CEO Asia & China of Publicitas gave the close to 30 present young professionals a very entertaining presentation and introduction to the advertising landscape in China. With a number of very humorous slides Mr. Wuttke showed the “do’s” and the “do-not’s” when advertsing in Chinese media. January 23rd, 2009 – 2nd and 3rd Tier 14 Cities in China Tianjin and Suzhou In the past, most new foreign companies entering the China market did so by ¿rst establishing a presence in the 1st tier cities of Beijing, Shanghai and Guangzhou. 65 Hong Kong 佭␃ Guangzhou ᑓᎲ Shanghai Ϟ⍋ Beijing ࣫Ҁ R e g i o n a l N e w s ൶ ᇘ ႎ ࿕ However, with the current global financial crisis and increasingly fierce competition in Tier 1 cities, more and more companies now consider entering or moving to 2nd tier & 3rd tier cities to benefit from lower costs and the market potential. This is further enhanced by the stimulus package whereby the Chinese Government commits to invest RMB 4 trillion in low-income housing projects, medical care, education, infrastructure, transport and environment to improve Chinese welfare, particularly in rural areas over the next two years. Our guest speakers, who have either extensive knowledge or are located in the relevant cities, will provide both a general market overview including key market dynamics and will also address possible opportunities and challenges for foreign companies. In this workshop, which is organized by BenCham and JLJ in cooperation with SwissCham, we will introduce Tianjin and Suzhou. The JLJ Group will open the workshop with more comprehensive information about the two cities. This will be followed by two case studies on each city presented by Akzo Nobel and Picanol. Afterwards there is time for Q&A. Road, Shanghai Postcode/䚂㓪: 200031 Tel/⬉䆱: +86 21 64 66 29 95 Upcoming Events ऄۯᇨߢ ƔForeign Exchange Strategy Seminar Date: April 14th. Venue: Grand Hyatt. Time: 9am-12pm Speakers: Wang Tao, Head of China Economic Research UBS and Mr. Mansoor Mohi-uddin, UBS chief currency strategist. ƔSuzhou Interchamber Mixer Date: April 21st. Venue: Suzhou Kempinski. Time: 18.00-22. 00 ƔYoung Professional Event on Logistics in China Date: 23. April 2009 ƔRetail Market in China Date: 30. April 2009 ƔTax Optimization in China Date: 8. May 2009 ƔTable Trade Fair organized by SwissCham and CanCham Date: 27. May 2009 Members can present their companies and network with clients and partners Xizhen Wang / David Liu Company: Atradius Credit Information & Consulting (Shanghai) Co., Ltd. Address: Unit 11F, Pufa Tower, 588 South Pudong Road, Pudong New District, Shanghai Postcode/䚂㓪: 200120 Tel/⬉䆱: +86 21 61 60 81 01 / +86 21 61 60 80 37 De Wei Robert Ang Company: Bossard Industrial Fasteners Int’l Trading Address: Suite D, Bldg 20, 229 Hua Shen Rd, Wai Gao Qiao F.T.Z., Shanghai Postcode/䚂㓪: 200131 Tel/⬉䆱: +86 21 58 66 69 11 Fax/Ӵⳳ: +86 21 58 66 06 88 Ivan Beldi Company: Malik Management Zentrum St.Gallen Address: Room 12, Floor 32, Haitong Security Building, 689 Guangdong Road, Shanghai Postcode/䚂㓪: 200001 Tel/⬉䆱: +86 21 63 41 05 47 Fax/Ӵⳳ: +86 21 63 22 92 49 New Members ႎࣷᇵ Corporate Members Speaker: Alessandro Duina (co-founder The JLJ Group), Johan Coulembier (Picanol), Wilfried Brouwer (Akzo Nobel). Felix Aepli Company: AFG Shanghai Management Co., Ltd Address: Room 2609, Tower B, Far East International Plaza, 317 Xian Xia Road, Shanghai Postcode/䚂㓪: 200051 Tel/⬉䆱: +86 21 62 35 08 83 Fax/Ӵⳳ: +86 21 62 35 08 87 Ernst Weber Company: Apextrans Ltd Address: Suite 1108, 376 Zhaojiabang 66 Julian Lee Company: Schaetti (Shanghai) Hotmelt Adhesive Co., Ltd Address: Room 1009 / 1011, 201 Muhua Road, SCIP, Shanghai Postcode/䚂㓪: 201507 Tel/⬉䆱: +86 21 67 12 16 66 Fax/Ӵⳳ: +86 21 67 12 13 56 Cheng Yang Company: Sultex Limited Shanghai 5HSUHVHQWDWLYH2I¿FH Address: Room 3605, United Plaza, Nanjing Road West, Shanghai Postcode/䚂㓪: 200040 Tel/⬉䆱: +86 21 62 89 40 18 Fax/Ӵⳳ: +86 21 62 89 40 16 ൶ ᇘ ႎ ࿕ Hans Joerg Roost Company: Voyage Logistics Co., Ltd Address: Room 705-706, Chunshenjiang Mansion, 400 Middle Zhejiang Road, Shanghai Postcode/䚂㓪: 200001 Tel/⬉䆱: +86 21 61 41 73 00 Fax/Ӵⳳ: +86 21 61 41 73 03 Urs Tobler Company: Greater Zurich Area Address: Limmatquai 112, 8001 Zuerich Switzerland Tel/⬉䆱˖+41 44 254 59 59 Fax/Ӵⳳ˖+41 44 254 59 54 N e w s Alice Lonfat-Chu Communiconcept [email protected] Agata Karolina Szyler-Seidl Company: IMG China Co., Ltd Address: Room 2510 Tower A, City Center of Shanghai No.100 Zunyi Road, Changning District, Shanghai Postcode/䚂㓪: 200051 Tel/⬉䆱˖+86 15 00 07 76 872 Reto Tomasini Mannhart Consultants [email protected] Young Professional Membership Hans-Peter Bouvard [email protected] Corporate Associate Membership Sabine Horvath Company: External Affairs and Location Marketing Basel Address: Schneidergasse 7, 4001 Basel, Switzerland Tel/⬉䆱˖+41 61 267 40 91 Fax/Ӵⳳ˖+41 61 267 40 88 R e g i o n a l Leon Z. Lee Company: Sinotimes & Partners PRC Lawyers Address: Suite 1009, 10F Huawen Plaza, 999 West Zhongshan Road, Shanghai Postcode/䚂㓪: 200051 Tel/⬉䆱: +86 21 51 09 55 00 Fax/Ӵⳳ: +86 21 32 51 50 10 Individual Membership Sven Friebe [email protected] Marion Heusser [email protected] Yehua Lan [email protected] Desiree Meili [email protected] Jennifer Straessle [email protected] Victor Jansson DLSP [email protected] Benjamin Treves [email protected] The foundation stone has been laid – Help us to finalise the school project in Sichuan Swiss Community Project Reconstruction in Sichuan: School & Housing Sponsorship Project We are looking for individuals and organisations to join in and assist ‘The Swiss Business Community Reconstruction Project’. Funding and non-financial resources are greatly welcomed to help the community of Long Xing Town to reconstruct their schools and homes. For more information please visit: www.swisscham.org/sha/news/sichuan.php If you would like to make a donation or have further enquiries, please contact In China: Felix Sutter, Tel. + 86 (10) 6533 2110 [email protected], (Beijing) Krystyna Marty, Tel. +86 (10) 8532 8888 ext. 882 [email protected], (Beijing) Liv Minder, Tel. +86 (21) 6149 8208 [email protected], (Shanghai) In Switzerland: Natasha Issa, Tel. +41 (0) 44 639 2015 [email protected], (Zurich) Concluded: July 2008 July 2008 January 2009 First Meeting Steering Committee Fact Finding Mission to Sichuan Signing Ceremony in Long Xing Town Scheduled: April 2009 May 2009 Fall 2009 Ground Breaking Ceremony Start Construction of the School Opening Ceremony Alternatively, donations can be paid to the following bank account with the reference "EARTHQUAKE RELIEF" Bank: Account Name: Account Number: Bank Address: General Line: UBS AG Beijing Branch SWISS CHINESE CHAMBER OF COMMERCE 2701450101 12/F Winland International Finance Center, No. 7 Finance Street, Xicheng District, Beijing 100140, China + 86 (10) 5832 7000 67 Beijing ࣫Ҁ R e g i o n a l N e w s ൶ ᇘ ႎ ࿕ Events Review ऄۯᄲ࿕ October 2, 2008/November 6, 2008/ 1 December 4, 2008/January 8, 2009 – The Swiss Young Professionals and their friends meet for a casual afterwork cocktail every first Thursday of the month. As usual, the September Young Professional after-work cocktail was held RQWKH¿UVW7KXUVGD\RIWKHDERYHGDWHVDW Delaney's Pub with good old friends and nice new faces. over 400 participants. Participants had a chance to win attractive lucky draw prizes. Kong At this monthly luncheon on November 3, Mr. Peter Schindler, Adventurer and Travel Guide, presented “The magic and madness of making a dream come true in China”. This presentation offered rare insights into China. It presented Peter’s incredible driving journey though China in a 1950s Lotus support by fantastic pictures. Peter shared with the audience a perspective of China that it was unlikely to be seen. Guangzhou ᑓᎲ Shanghai Ϟ⍋ Monthly Young Professional Cocktail November 3, 2008 – Monthly Luncheon 2 with the Swiss Association of Hong Hong Kong 佭␃ (Left to right) – Johann Mueller, Anne-Marie Mueller and Michael Schweizer (Consulate General of Switzerland Hong Kong), Irene Lo (Secretary General of Swiss Chamber Hong Kong), Frank Filser (Asia Suisse Medmat Ltd) Exciting lucky draw session by the Italian and French Chambers November 18, 2008 – Joint Luncheon 4 with the Swiss Association of Hong Kong Mr Peter Schindler (Speaker) November 12, 2008 – 38th International 3 Chamber Young Professional Cocktail Members and their friends of various industries enjoy the networking evenings 68 This International Chamber Young Professional Cocktail was co-organized by Swiss Chamber Hong Kong. It was held on November 12 evening at FINDS. This event created a networking opportunity for members of the 27 International Chambers to connect in an informal cocktail setting, while supporting a worthwhile cause. Net proceeds went to the HKUPasteur Research Centre, a charitable organization created by the University of Hong Kong and Institut Pasteur to fight infectious diseases in Hong Kong, China and the larger Asia Region. There were On November 18, Swiss Chamber and Swiss Association Hong Kong jointly hosted a luncheon at The Hong Kong Club. Dr. jur. Urs P. Roth, CEO of Swiss Bankers Association, presented “Banking After Crises”. It was almost full house with over 70 participants. All enjoyed the presentation of this hot topic and a lot of questions were raised during the Q & A session. ൶ ᇘ ႎ ࿕ R e g i o n a l N e w s November 28, 2008 – Joint Chamber 5 Luncheon Property Presentation Serge G. Fafalen (President of Swiss Chamber Hong Kong) introduces the speaker (Left to right) Walther Nahr (1st Vice President of Swiss Association Hong Kong), Urs P. Roth (Speaker) and Serge G. Fafalen (President of Swiss Chamber Hong Kong) This joint chamber luncheon was held on November 28 at the Hong Kong Bankers’ Club. Mr. Nicholas Brooke, Chairman of Professional Property Services Limited, made a presentation on “What price property in Hong Kong weathering the storm”. A topic which is especially interesting during the recent economic situation. (Left to right) Irene Lo (Secretary General of Swiss Chamber Hong Kong) and representatives from other chambers (Left to right) Agnes Cheng (Speaker), Peter Gautschi (founder of Studer Trust, Galina Lui (Swiss Chamber Hong Kong) Markus Muecke (Director of Swiss Chamber and President of Swiss Association Hong Kong) presents the donation box to the participants (Left to right) Henry Lee (Hendale Advisors) and Thomas Schaffner (Left to right) Benjamin Mueller-Rappard (Young Professional Director of Swiss Chamber Hong Kong), Linda Yau (Stanton Chase International, Greater China) and Guido Furrer (BSI Ltd +RQJ.RQJ5HSUHVHQWDWLYH2I¿FH Serge G. Fafalen (president of Swiss Chamber) and speaker Urs Roth (CEO Swiss Bankers Association) December 1, 2008 – Christmas Charity 6 Luncheon with the Swiss Association of Hong Kong On December 1, the annual Christmas charity luncheon with the Swiss Association was held at the Hong Kong Club. Ms Agnes Cheng, Communications Manager of Studer Trust Hong Kong, presented “A small charity doing a big job”. Gourmet House kindly sponsored some chocolates and cookies for the participants who in return donated HK$ 11,650 to the Studer Trust, a micro charity set up in Hong Kong dedicated to help alleviate poverty in Asia, with a focus on education. Participants enjoy the delicious Christmas Luncheon with chocolates and cookies from Gourmet House December 1, 2008 – Swiss Community 7 Cocktail hosted by Invest Hong Kong Members were invited to attend the Swiss Community Cocktail hosted by Invest Hong Kong on December 1 evening 69 Shanghai Ϟ⍋ Beijing ࣫Ҁ R e g i o n a l N e w s ൶ ᇘ ႎ ࿕ at the Conrad Hotel. It was a reception to thank the Swiss Community in Hong Kong for its support over the years, and to introduce Invest Hong Kong’s updated Swiss Community Handbook, which was designed to inform and attract Swiss company executives and their families to consider relocating to Hong Kong. This was a festive occasion for members to network and to enjoy plenty of food and drinks. Serge G Fafalen (President of Swiss Chamber Mr. Neil Campion (Speaker) Hong Kong) thanks Invest Hong Kong for hosting the Swiss Community Cocktail and presented the farewell gifts to Mike Rowse and Mark Hong Kong 佭␃ Guangzhou ᑓᎲ Michelson (Left to right) Mark Michelson (Associate Director-General Invest Hong Kong), Enzo Cunico (Vice President of Swiss Chamber Hong Kong), Mike Rowse (Director-General Invest Hong Kong) and Serge G Fafalen (President of Swiss Chamber Hong Kong) Participants of SwissCham and Italian chambers December 18, 2008 – Joint Chamber Lun- 9 cheon Taiwan Presentation (Left to right) Mark Michelson (Associate Director-General Invest Hong Kong), Hans J Roth (Consul General of Switzerland Hong Kong), Mike Rowse (Director-General Invest Hong Kong), Serge G Fafalen (President of Swiss Chamber Hong Kong) and Walther Nahr (1st Vice President of Swiss Association Hong Kong) December 11, 2008 – Joint Chamber 8 Breakfast Seminar (Left to right) Frank Filser (Asia Suisse Medmat Ltd), Philippe de Rousseau (Richemont Asia Pacific Ltd), Alan Debonneville (Edukey Ltd) DQG0DUNXV*ULPP+HUPHV3DFL¿F&DSLWDO This joint chamber breakfast was held on December 11 at the Hong Kong Bankers’ Club. Mr. Neil Campion and Mr. Victor Lee of Vigers Realty presented on “Hong Kong/China Commercial Property – 2009 and Beyond”. The speakers identi¿ed opportunities in major PR China cities and examined relevant factors with an aim to make a justifiable forecast of what might take place in the coming year. On December 18, this joint chamber luncheon was held at the Foreign Correspondents’ Club. Mr. Alexander Pan, the Chairman of Asia Pacific Taiwan Federation of Industry & Commerce made presentation on “Taiwan straits exchange and cooperation, now and beyond”. Participants enjoyed the presentation as well as the delicious luncheon. January 12, 2009 – Monthly Luncheon 10 with the Swiss Association of Hong Kong This joint monthly luncheon was held on January 12 at The Hong Kong Club. Ms. Fan Cheuk Wan, Director and Head of Research Asia Pacific, Credit Suisse, presented “The year after the financial tsunami”. Participants were interested in this hot topic presentation. (Left to right) Nathan Kaiser, Irene Lo and Benjamin Mueller-Rappard (Swiss Chamber Hong Kong) Members enjoy the presentation and networking opportunity 70 ൶ ൶ᇘ ᇘႎ ႎ࿕ ࿕ Markus Muecke (Director of Swiss Chamber and President of Swiss Association Hong (Left to right) Angela Chan, Ashley Lau and Gigi Chao, team members of Swiss Int’l Air Kong) thanks the speaker lines January 20, 2009 – 1st Swiss Chamber 11 Network Cocktail The first Swiss Chamber Network Cocktail was held at the evening of on January 20 at The Mira Hong Kong. Over 50 new and old members attended to meet with the committee of the Swiss Chamber Hong Kong. Dr Hans J Roth, Consulate General of Switzerland in Hong Kong, welcomed the members followed by the introduction of the Swiss Chamber Committee by Mr. Serge G. Fafalen, President of the Swiss Chamber Hong Kong. Participants enjoyed the relaxing networking environment as well as the finger food sponsored by The Mira Hong Kong. Upcoming Events ऄۯᇨߢ R e g g ii on na al l NN ee w w ss fuse to capture Hong Kong's urban pulse whilst creating an open, living, breathing and connected space. The Mira appeals to those with similar lifestyles, who enjoy fun as well as a slightly more informal service culture ZLWKRXWVDFUL¿FLQJRQKLJKHVWVHUYLFHGHliveries. Owned by the Miramar Hotel and Investment Company Ltd (Hong Kong Stock Code: 71, the Group), The Mira Hong Kong is not only at the heart of the Group's hotel business, but it also creates positive synergies amongst the Group's business areas in property investment, food and beverage and travel. ƔJoint Monthly Luncheons with the Swiss Association are usually held on the first Monday of each month. For details of events, please contact Ms. Irene Lo at tel no. (852) 2524 0590, fax no. (852) 2522 6956 or email: admin@ swisschamhk.org ƔYoung Professional after-work cocktail Welcome to our monthly Young Professional after-work cocktail with good old friends and nice new faces! The Swiss Young Professionals and their friends meet for a casual after-work cocktail every first Thursday of the month. If interested kindly contact Benjamin Mueller-Rappard at [email protected] SGS strives to provide best-in-class, one-stop quality assurance solutions for a broad range of industries to improve their competitiveness in export markets. Helping our clients build trust, reduce risk in their business ventures and increase productivity through our tailor-made solutions, we find our roots in professionalism, globality, passion, and precision. Now boasting a strong workforce of over 1,100, we are committed to the sustainable development of business, people and society, with our aim being to make the world an even better place in future. Corporate Member Member News ࣷᇵႎ࿕ Swiss Chamber Hong Kong Committee (Left to right) Irene Lo (Swiss Chamber Hong Kong), Oliver Yeung (Swiss Treasures), Benjamin Mueller-Rappard and Galina Lui (Swiss Chamber Hong Kong) The Mira Hong Kong The Mira Hong Kong, formerly Hotel Miramar was established in 1957. For over 50 years, the Hotel has been a landmark centrally located in Tsim Sha Tsui, being frequented by local patrons and international visitors. On 21 August, 2008, Hotel Miramar Hong Kong has been re-branded as The Mira Hong Kong, and transformed into an upscale lifestyle hotel designed for travellers who seek out contemporary and stylish living. The Mira embraces tasteful design environments, state-ofthe-art technology, trend setting concepts, focused service offerings, chill-out soundscapes, bold accent colours, all Nestle Hong Kong Limited New Address: 7/F, Manhattan Place, 23 Wang Tai Road, Kowloon Bay, Kowloon, Hong Kong Contact Executive: Dora Leung, Area Manager - Grocery Business New Member ႎࣷᇵ Corporate Members Alexander Luedi Company: Bang & Clean Hong Kong Limited Address: Room 1102, 11/F, Technology Plaza, 651 King's Road, North Point, 71 Hong Kong 佭␃ Guangzhou ᑓᎲ Shanghai Ϟ⍋ Beijing ࣫Ҁ R e g i o n a l N e w s ൶ ᇘ ႎ ࿕ Hong Kong Tel/⬉䆱: +852 2563 7787 Fax/Ӵⳳ: +852 2563 7797 Email/⬉䚂: [email protected] Website/㔥ഔ: www.bang2clean.com.hk Roland Buser Company: Chopard Hong Kong Limited Address: Room 2201-2205, 22/F, Man Yee Building, 68 Des Voeux Road, Central, Hong Kong Tel/⬉䆱: +852 3406 9300 Fax/Ӵⳳ: +852 3406 9333 Email/⬉䚂: [email protected] Website/㔥ഔ: http://www.chopard.com Robert Chiu Company: EFG Bank Address: 18th Floor, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong Tel/⬉䆱: +852 2298 3000 Fax/Ӵⳳ: +852 2298 3000 Email/⬉䚂: [email protected] Website/㔥ഔ: http://www.efgbank.com Louis Chan Sing Lim Company: Fiege Ltd Address: Room 8-11, 28/F, Prosperity Millennia Plaza, 663 King's Road, Quarry Bay, Hong Kong Tel/⬉䆱: +852 2892 0668 Fax/Ӵⳳ: +852 2892 0126 Email/⬉䚂: ORXLVFKDQ#¿HJHFRPKN Website/㔥ഔ: ZZZ¿HJHFRP K. C. Wong / Peter Bachmann Company: Fracht (Hong Kong) Limited Address: 902, Wanchai Commercial Centre, 194-204 Johnson Road, Wanchai, Hong Kong Tel/⬉䆱: +852 2803 4373 Fax/Ӵⳳ: +852 2591 6838 Email/⬉䚂: [email protected] Website/㔥ഔ: http://www.fracht.com 72 Michael Gagie / Paul Lau Company: Harney Westwood & Riegels Address: 1507 The Center, 99 Queen’s Road Central, Hong Kong Tel/⬉䆱: +852 3607 5300 Fax/Ӵⳳ: +852 2815 7676 Email/⬉䚂: [email protected] Website/㔥ഔ: http://www.harneys.com Dirk Dalichau / Benjamin Mueller-Rappard Company: The Mira Hong Kong Address: 118 Nathan Road, Tsim Sha Tsui, Kowloon, Hong Kong Tel/⬉䆱: +852 2368 1111 Fax/Ӵⳳ: +852 2369 1788 Email/⬉䚂: [email protected] Website/㔥ഔ: www.themirahotel.com Walter Marthaler Company: Union Mark Holdings Ltd Address: 903 Guardforce Centre, 3 Hok Yuen Street, Hungham, Kowloon, Hong Kong Tel/⬉䆱: +852 3152 3130 Fax/Ӵⳳ: +852 3152 3133 Email/⬉䚂: [email protected] Website/㔥ഔ: www.dills.be Individual Member Max Burger Tel/⬉䆱: +852 9313 5584 Email/⬉䚂: [email protected] Young Professional Members Jung-Jung WANG AEBISCHER Email/⬉䚂: [email protected] Alain Li Company: 5LFKHPRQW$VLD3DFL¿F Limited Address: 6/F Jardine House, 1 Connaught Place, Central, Hong Kong Tel/⬉䆱: +852 2532 7223 Fax/Ӵⳳ: +852 2537 7866 Email/⬉䚂: [email protected] Website/㔥ഔ: http://www.richemont.com Helen Hau Ling CHENG Email/⬉䚂: [email protected] Jon CHUNG Email/⬉䚂: [email protected] Kimberly JEKER Email//⬉䚂: [email protected] Markus HERRMANN Email/⬉䚂: [email protected] Urs Hess Company: Swiss Gourmet Co Ltd Address: 19B Jardine Summit, 50A Tai Hang Road, Jardines Lookout, Hong Kong Tel/⬉䆱: +852 6641 5294 Email/⬉䚂: [email protected] Terry HUNG Email/⬉䚂: [email protected] Chua Teh Hau Email/⬉䚂: [email protected] Patrice MUELLER Email/⬉䚂: [email protected] Oliver Yeung Kin Kit Company: Swiss Treasures Address: Rm 101, 1/F, Thomson Centre, 76 Thomson Road, Wanchai, Hong Kong Tel/⬉䆱: +852 9088 0389 Fax/Ӵⳳ: +852 2520 0973 Email/⬉䚂: [email protected] Website/㔥ഔ: www.swiss-timer.ch Carmen Cornelia RUCKLI Email/⬉䚂: [email protected] Barbara NOSEDA Email/⬉䚂: [email protected] Patrick CORUN Email/⬉䚂: [email protected] «Keep it simple» sounds good. 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