Dedicating to Impact Ecosystem Building and Practice

Purpose. Sustainability. Integrity.

ESG Reporting

Last month we submitted our response to the HKEX consultation on a review of the existing ESG Reporting Guide and related Listing Rules for Hong Kong listed companies. We applaud the general direction of the review which is to improve quality of ESG reporting through tightening board oversight of ESG integration, elevating all social-related disclosures to “comply or explain”, and requiring disclosures to go beyond policies to cover processes as well.

In our response, we set out our suggestions where we think the regulator could do more, such as to align the ESG Guide with the Corporate Governance Code and the Companies Ordinance on board’s role in overseeing ESG integration, and considering a statement to acknowledge board duties. We also suggested more emphasis on social factors besides environment factors, such as referencing latest international regulatory developments in relation to Modern Slavery and other business and human rights considerations. We proposed that HKEX to also consider providing capacity and sector-building support for the ecosystem to better identify material ESG risks, and to provide a supplement to the ESG Guide of international standards that are updated regularly for companies to reference and to continue strengthening their reporting.

One big dilemma in the field of sustainable investing is that there is no one standard reporting framework. Companies seeking to be leaders in sustainability may spend significant time on their disclosures and navigating different measures, while others may be laggards just “checking the box” – all resulting in inconsistency of information disclosed.

A McKinsey report this month found that “investors say they cannot readily use companies’ sustainability disclosures to inform investment decisions and advice accurately”. Of the respondents surveyed a total of 89% of investors and 86% of corporate executives think there should be fewer sustainability reporting standards. Meanwhile, 82% of investors, and 66% of company executives, think companies should be required by law to issue sustainability reports.

Increased regulation in relation to ESG reporting is a global trend, while the challenge is to establish a common framework to bring as many companies on board, and to provide sufficient guidance for companies to follow higher standards.

Watch this space as the HKEX shares the results of its consultation.

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We would be delighted to discuss how we may assist on any or all of the above with our dedicated practice areas or to help seek solutions. When we are engaged, your goals become our goals to meet, your issues our issues to solve.

Contact us at our general email: enquiry@vteu.co, and we will be in touch shortly.

For a deeper perspective on Vivien Teu’s journey and earlier contributions, visit the archived website of Vivien Teu & Co LLP at archive.vteu.co. The archive captures the firm’s foundations in corporate and commercial law, with a strong focus on asset management, funds, and financial services in Hong Kong and Greater China. Today, Vivien Teu Law Practice leads with impact focus, with its emphasis and dedication on sustainable finance, ESG integration, impact investing, social finance and philanthropy, reflecting a continued commitment to aligning law and purpose.

Vivien Teu is Founder & Principal of Vivien Teu Law Practice / VTLP Impact.  With more than 25 years in-depth experiences in capital markets, financial institutions and asset management industry, financial services, financial and securities regulatory matters, funds formation, investment and finance transactions, Vivien is market leading in her focus on ESG legal and regulatory issues, increasingly integrated into her advisory and transactional practice. She has been active in impact ecosystem building, contributing to standard setting and industry engagements on sustainability, ESG and impact issues and sustainable finance, specifically in the investment and capital markets, holistically covering regulatory, legal and policy perspectives, and advises across the spectrum of capital, ESG issues and asset classes, public and private markets, for-profit, non-profit organisations or hybrid structures, and range of fund structures and financing instruments.

Prior to establishing Vivien Teu Law Practice / VTLP Impact, Vivien has solid industry experience from strategic roles throughout her career, including senior in-house legal experience with global asset management firm, Invesco, and practised with leading international funds and regulatory practice including magic circle law firm Clifford Chance, and most recently with global law firm Dentons, where Vivien assumed key roles as sustainable finance lead on the Global ESG Steering Committee, Global Funds Leaders Group and Global Financial Institutions Practice Group, driving impact focus within mainstream finance and capital markets.  Vivien’s leadership in sustainable finance, global funds and industry engagement is matched with her commitment to community and ecosystem building. 

With the vision of the role of law in purposeful partnerships and projects, to align capital with sustainability and increasing focus on measurable positive environmental and social outcomes, Vivien’s experiences include advising asset owners, asset managers and also charitable foundations in establishing purpose-led initiatives, related stewardship and governance considerations and structure design, B Lab’s legal requirements and certification standards for B Corps, green and sustainable finance frameworks and instruments, legal issues of carbon markets and climate transition, climate mitigation and adaptation strategies and funds, nature-based solutions and finance, impact term-sheets and other innovative finance instruments for impact, advocacy efforts as well as engaging in market proposals for policy, legal and regulatory levers for advancing sustainability and impact.   

 

Learn more about Vivien at LinkedIn