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Mon, 28 Feb 2000, 2:02am HKT
SingTel May Sue HSBC to Block its Participation in
$10 Bln CyberWorks Loan
By Michele Batchelor and Linus Chua
SingTel May Sue HSBC Over CyberWorks Bid for HKT (Update3)
(Changes attribution in first paragraph; adds that CyberWorks
plans to resume trading on Monday.)
Singapore, Feb. 27 (Bloomberg) -- Singapore
Telecommunications Ltd. may sue HSBC Holdings Plc to prevent it
from helping Pacific Century CyberWorks Ltd. raise funds for a
rival bid for Cable & Wireless HKT Ltd., a person familiar with
the situation said.
SingTel is contemplating a lawsuit because HSBC had access to
private information about the bid when it was advising the
independent board of directors of Hong Kong's dominant telephone
company, the person said. HSBC, which advised HKT to reject
SingTel's bid, is now helping CyberWorks raise as much as $10
billion for its own rival offer.
The U.K.'s Daily Telegraph reported earlier that SingTel's
lawyers may file suit in Hong Kong as early as Monday. The Sunday
Times of Singapore also reported today that SingTel is considering
a suit.
``It is a conflict of interest for HSBC to act for both
sides,'' said Yang Sy Jian, director of research at Kay Hian Pte.,
a Singapore brokerage. At the same time, ``if HKT is interested in
selling and CyberWorks has insufficient funds, then there's a good
chance that SingTel can come in, as it's in a better financial
position,'' he said.
Officials at SingTel, HKT and CyberWorks declined to comment
about the reports. Goldman, Sachs & Co., which is advising
SingTel, also declined to comment.
A CyberWorks spokesman said the company intends to publish a
statement in Hong Kong newspapers similar to one on Saturday in
which it said it hasn't yet made a firm offer for HKT.
HSBC said in a statement late Sunday that it couldn't comment
on the newspaper reports because it hadn't yet heard from SingTel
or from SingTel's legal advisers. ``However, what we would like to
make absolutely clear is that at all times we have acted properly
in all our dealings with Cable & Wireless HKT,'' an HSBC spokesman
said.
Europe's largest bank by market value reports 1999 earnings
tomorrow, when it is expected to say net income rose 23 percent to
$5.3 billion, according to seven analysts surveyed by Bloomberg
News.
Legend Pact
The three-way bidding war for HKT began one month ago, when
SingTel first said it was in talks for a merger with HKT, 54
percent owned by Cable & Wireless Plc of the U.K. Two weeks later,
CyberWorks, Asia's No. 3 Internet investment company, said it was
also seeking to make a bid for HKT.
On Friday, CyberWorks asked that its shares be suspended from
trading pending a statement on what it called a ``substantial
price-sensitive transaction.'' The halt fueled speculation it was
poised to announce the terms of its HKT bid, though Legend
Holdings Ltd. of China later said it planned a Monday news
conference about a separate pact with CyberWorks.
In a statement on Saturday, CyberWorks said it was still
negotiating with HKT, and that the two sides had not yet agreed on
terms for a formal offer. CyberWorks said the suspension aimed to
``avoid a potential false market.''
CyberWorks will ask that its shares resume trading Monday, a
company spokesman said.
There's no guarantee that SingTel will file a lawsuit, and
even if it does, whether that would scupper a CyberWorks bid.
Mannesmann AG, the German mobile phone company, filed an
injunction against Goldman Sachs Group Inc. in November seeking to
block the bank from advising Vodafone AirTouch Plc. on a possible
bid for the German company. Mannesmann claimed Goldman's previous
work with itself was a conflict of interest.
The court eventually rejected Mannesman's claim and ruled
that Goldman was free to advise Vodafone.
Cash-Hungry?
Even so, HSBC's involvement as an adviser and as a
participant in the loan makes the bank ``look unsuitable,'' said
Chong Yoon Chou, a director at Aberdeen Asset Management Asia
Ltd., which manages about $1.8 billion. ``You can't have one bank
working for both.''
CyberWorks, controlled by Richard Li, son of Hong Kong tycoon
Li Ka-shing, is likely to have the support of plenty of other
banks should HSBC withdraw from the loan. Basis Point, an industry
newsletter, reported last week that other banks involved in the
loan include Bank of China and Banque Nationale de Paris.
CyberWorks said it now has $3 billion in cash, including the
$1 billion it raised from a stock sale earlier this month. To gain
control of HKT, CyberWorks will need at least $7 billion more to
buy more than half of the 54 percent stake held by Britain's Cable
& Wireless Plc based on current market prices.
Cyberworks hasn't yet explained its proposed bid in detail,
beyond saying it would consist of cash and stock. The Hong Kong
Economic Times reported yesterday that SingTel may increase the
cash portion of its bid to beat out a CyberWorks bid.