Independent non-executive directors (INEDs) in Hong Kong are currently facing significant scrutiny as a result of a proposal from Hong Kong Exchanges and Clearing (HKEX) aimed at limiting the number of board seats they can hold to six, with a maximum tenure of nine years per position. This initiative is a response to growing concerns about 'overboarding,' which refers to directors holding too many positions simultaneously, potentially compromising their effectiveness [d4a84e4a]. Currently, 23 INEDs across 181 companies exceed this proposed limit, prompting a debate on the appropriateness of such restrictions in light of the current economic climate.
The proposal has garnered mixed reactions; while institutional investors support the cap, believing it will enhance governance and accountability, industry figures like Allan Zeman and Mike Wong argue that the timing is ill-suited given the economic downturn, characterized by rising bankruptcies and a notable 11.8% drop in retail sales in July 2024 [d4a84e4a]. Prominent INED Abraham Razack, who currently serves on 18 boards, has voiced concerns regarding the potential impact of these changes on his ability to fulfill his roles effectively.
The INED system was introduced in Hong Kong in 1993, following the UK's Cadbury Report, which emphasized the importance of independent oversight in corporate governance. As the landscape evolves, the balance between maintaining independence and ensuring robust governance practices remains a critical challenge for INEDs in Hong Kong [d4a84e4a].