Thursday, December 4, 2008

In Defense of Singapore

Investing requires some knowledge of international culture, because a truly diversified portfolio contains shares of international companies. Understanding Asian culture is especially important for Americans and Westerners because the spending behavior of Asian citizens, especially the Japanese and Chinese, may determine how long and deep an American recession will be.

One way to understand Asian culture is through the story of Gopalan Nair, who has returned to the Bay Area from Singapore. I wrote about him and the differences between Singaporean and American culture here: Post on Singapore (June 2008)

Here is what happened to Mr. Nair: http://www.insidebayarea.com/ci_11098813 [Link no longer works, but the following one does: https://www.eastbaytimes.com/2008/11/28/fremont-attorney-released-from-singapore-jail/

After Singapore found the Wall Street Journal to be in contempt of law, a Singaporean government official lambasted the WSJ in its own letters section (Dec. 4, 2008, Chan Heng Chee letter). To its credit, the WSJ printed the letter. A report on the dispute is here:

http://www.radioaustralia.net.au/programguide/stories/200811/s2431123.htm

Professor Tan explains the Singaporean government's position accurately:

PROF KEVIN TAN: The position of the Singapore law is that the media should censor itself to make sure you don't have things which are untruthful, defamatory or contemptuous going out there. I think that is indeed the case. Let us put it another way - if somebody writes a letter which is clearly defamatory of somebody else, the editorial ward of the publication should ensure that letter doesn't get published because if indeed the writer of the letter gets sued for defamation then you become an accessory to this whole defamatory process as well, you see, because defamation requires publication.

As I've said several times, Singapore has created an incredibly successful and diverse state and deserves the benefit of the doubt. There are two issues that ought to be discussed whenever mentioning Singapore's speech restrictions:

1. Singapore experienced racial riots in 1964 shortly before its separation from Malaysia. [Note: the previous sentence has been updated since the original posting.]  Singaporean leaders wisely remember their history and the violence that occurred fewer than 50 years ago. American newspapers almost never mention Singapore's history, which has caused it to place a premium on racial harmony over unfettered free speech. Behind Singapore's speech restrictions is a government that feels it would be negligent if it allowed a repeat of its devastating racial riots. Although Singapore's position is not entirely different from Germany--Germany bans swastikas and other racial symbols and speech because of its own recent violent history--Singapore is singled out for its attempts to maximize racial harmony. France has also ruled that its own citizens, such as Brigitte Bardot, may have their speech limited (see BBC on Bardot). Here's another writer's take:

http://library.thinkquest.org/04oct/00301/project%20thinkquest/pages/p8.html

At the end of the day, Mr. Nair is naive if he believes he can refer to any judge in any country as a "prostitute" and not suffer some consequence. American judges have jailed American citizens and sanctioned lawyers for insults much more benign.

2. The East-West cultural divide is neatly expressed in the WSJ-Singapore dispute. One possible reason for the dispute is that Westerners may not understand how much Asian culture values non-confrontation. In many Asian cultures, for example, it is a sign of immaturity to lose one's temper. In contrast, in Western culture, where individualism is highly valued, confrontation is not seen as immature or even terrible per se. This difference in cultural values has led to many misunderstandings between East and West.

At the end of the day, all Singapore is saying is that it does not want someone to criticize its judiciary with unfounded accusations. In other words, if someone is going to criticize its hardworking judges, that person needs to have evidence to support his or her allegations. That is not an unreasonable request in a country that has ranked consistently in the top five worldwide in transparent government practices and which lacks systemic corruption (See Transparency.org 2007 Report). The United States, in contrast, barely made the top twenty in the international government transparency rankings. Furthermore, the United States, unlike Singapore, has suffered several instances of judicial corruption--see, for example, the Dickie Scruggs matter: Dickie Scruggs, Judicial Corruption.

In addition to its world-renowned transparency, Singapore has other unique factors that make it highly protective of its judicial system. The relatively small size of the Singapore population and its even smaller legal population provide self-enforcing mechanisms for good conduct on all sides. The small legal community means that judges and lawyers interact more with each other, which creates a less adversarial system where lawyers are taught to be facilitators rather than zealous litigators. In a cooperative-style system, if Singaporean judges are going out of their way to work hard, read the papers, and to be fair, and there has been no evidence of corruption, why should they be subject to unfounded, baseless accusations?

From an Eastern perspective, the West's insistence on allowing unfounded accusations to harm peaceful, hardworking people is barbarism. The Western system forces hardworking people to spend time defending themselves against baseless public attacks rather than engage in productive activity. In contrast, Singapore's broad defamation laws create an incentive to work together and to avoid confrontation if possible. It is difficult to find fault with such a system in a country that is transparent, affluent, and diverse. Moreover, when accusations of human rights violations are leveled at Singapore from Americans--whose history includes judicially-sanctioned segregation (Plessy v. Ferguson), judicially-approved slavery (Dred Scott v. Sandford), nuclear weapon use against Asian civilians, far more abject poverty, and a sitting President who approved Guantanamo Bay--it must be especially galling.

From an investment standpoint, if you believe Singapore has a bright future, you can invest through the iShares MSCI Singapore Index. Its symbol is EWS and according to Yahoo Finance, it offers a yield of approximately 9.00%.

Disclosure: I own shares of EWS but my positions may change at any time. I am NOT providing investment advice, nor am I licensed to do so. You are responsible for your own due diligence.

Update on December 5, 2008: interested readers should check out the "comments" section of this post. One reader posted this link on Francis Seow:

http://www.singapore-window.org/1028judi.htm [Link no longer works, but the following one does: https://remembering1987.wordpress.com/whos-who/francis-t-seow-2/

I am not sure what to make of this and need more information, but it's quite troubling. 

Obama, India, and Terrorism

I'm back. Cabo San Lucas was relaxing, and I will write more on that later. For now, I just wanted to share an interesting article on Obama and make some comments about the senseless massacre in India. 

1. The LA Times (Nov 30, 2008) thinks Obama should be sworn in as President using his full name, including his middle name: 


I like their gusto, but I don't think it's going to happen. 

[Update on December 10, 2008: I was wrong--see Barack Hussein Obama

2. The tragic killings in India have resulted in many commentators blaming Pakistan. One specific, recurring comment has been that "ordinary Pakistanis" need to be marching in the street, condemning the violence. Meanwhile, the Indian government is on record saying that they will get information from one of the captured killers and make him "sing like a canary." One Indian official, according to the WSJ, talked about having certain methods that would make the captured killer talk. 

First, India does itself no favors by implying it uses or condones torture as an interrogation tactic. Even hinting that torture is acceptable raises the stakes tremendously, because it implies that India does not comply with U.N. rules or does not take them seriously. This failure to adhere to generally accepted international standards of conduct should concern the world when both countries involved have nuclear weapons. In addition, if India does use torture or provokes an unnecessary war against Pakistanis, even the ghosts of Gandhi and British imperialism will not prevent the damaging hit to India's image as a respectable emerging superpower. 

Second, many commentators--both Indian and American--have lambasted Pakistanis for not protesting the violence publicly and in large numbers. This complaint is similar to the one lodged against Muslims post-9/11--that by not openly condemning 9/11, they were somehow implicitly supporting it or not doing enough to show their true colors. 

This argument has some emotional appeal, but fails due to its unsound assumption that silence automatically means support. This theory of "speak-or-forever-be-suspected" applies primarily to face-to-face encounters on a specific topic--such as when a person refuses to answer a question of, "Did you take that document that had trade secrets to your home?" or "Does this make me look fat?" Such questions fail to elicit any relevance when they are applied to actions or thoughts made by strangers who happen to share a similar characteristic as some other group. For example, Timothy McVeigh had white skin. When he committed his act of terrorism, did the failure of massive numbers of white persons marching in the streets of Canada imply white Canadian support for his acts? Of course not. When an unarmed black man (Amadou Diallo) in New York is shot 19 times by Christian police officers, does the failure of Christians across the United States condemning the NYPD mean they condone senseless killings? Of course not. Such examples can be made ad infinitum, and it should be fairly obvious that an absence of mass protests or vocal opposition has no relevance as an indicator of general support or non-support. 

The reasons for silence among most "ordinary Pakistanis" are simple. Muslims in Pakistan don't know the killers in India and don't feel any connection to them. To the 99.9% Pakistanis who live their lives peacefully, there is no connection to the killers in India and therefore no reason to say anything publicly about their heinous acts. I hate to be dogmatic, but anyone who says differently is a demagogue seeking to incite ethnic and religious violence. Such ignorance is dangerous and may lead to retaliatory killings of innocent Muslims in India. In addition, 40 of the 170+ victims were Muslim, showing that terrorism knows no ethnicity or religion. 

Personally, I feel tremendous sadness for all the victims of the attacks. The story of Moshe Holtzberg is particularly heart-breaking.

Friday, November 28, 2008

Out till December 3, 2008

I will be out of town until December 3, 2008. If I have access to a computer in Cabo san Lucas, Mexico, I will write travel updates; otherwise, no posts till December 3 or 4, 2008. I am going with my grandparents, which should be fun. I just found out I am their oldest grandson. Yes, I am getting old. Sigh.

Brits and Americans Going Down Same Path

Looks like the Brits are in as much trouble as the Americans:

http://www.telegraph.co.uk/finance/jobs/3492912/Bonanza-for-jobs-but-only-in-public-sector.html

Mark Wallace, of the TaxPayers' Alliance, said: "It is unsustainable to have fewer and fewer private sector workers paying for more and more public sector workers. "The state wage bill, not to mention the future pension cost, is putting a crippling burden on the economy."

Didn't the Americans sail away and fight a war to be free from an overbearing government that was taxing them too much?

Oh, the irony.

Thursday, November 27, 2008

Happy Thanksgiving


What am I thankful for? Well, other than family and my health, two of my friends just got married on November 25, 2008--I wish them the best.

Wednesday, November 26, 2008

Foot Locker Affirms its Financial Strength

Things have gotten so bad, Foot Locker is sending emails to individual customers assuring them it is still a viable business:

As you are a valued member of the Foot Locker family, I would like to take a few moments to address the misleading information regarding our Company that has been circulating the Web and covered by the general media. Much of this information is being used to encourage consumers to avoid purchasing gift cards this holiday season.

We can assure you that our financial position remains strong and we continue to be a leader within the athletic retail industry. From time to time, we do close underperforming stores, in the course of normal business, in order to concentrate our efforts on those stronger-performing stores that ultimately allow us to better serve our customers.

During this holiday season and beyond, we will continue to offer an extensive selection of the most sought-after products at our more than 2,000 U.S. stores and on-line at footlocker.com, ladyfootlocker.com and kidsfootlocker.com. And, of course, our gift cards will continue to be another great gift idea and are redeemable at all of our stores and on-line.

Thank you for your support.

Best regards,

Stacy Cunningham
Corporate Vice President
Foot Locker, Inc.


Oh, the paranoia.

Small Business Stats

These are some facts I received from the SBA's Office of Advocacy, which is sort of a BLS for small businesses, gathering lots of useful statistics:

http://www.sba.gov/advo/stats/sbfaq.pdf [PDF file]

1. "Since the mid-1990s, small businesses have created 60 to 80% of the net new jobs."

For more, go to http://www.sba.gov/advo/research/data.html#us

2. "Small businesses employ about half of U.S. workers."

3. "Two-thirds of new employer establishments survive at least two years, 44 percent survive at least four years, and 31 percent survive at least seven years, according to a recent study."

Well, so far, I'm in the top 44% so far.

4. "Very small firms with fewer than 20 employees annually spend 45 percent more per employee than larger firms to comply with federal regulations."

I have advocated that small businesses with fewer than five employees and a gross income of less than $550,000 annually should have no regulations other than those guaranteeing payment of wages to workers. (I still haven't figured out what the best number is for the gross annual income cutoff and chose 550K because if a company hired five employees and paid them 50K each and had gross receipts of 550K, it would probably net around $200K-$250K, which is not unreasonable.) Criminal laws are sufficient to keep small businesses in check. Beyond that, onerous civil regulations are a form of corporate welfare to larger corporations, who have the capital to hire in-house counsel to advise them, to keep up with ever-changing laws, and to have a litigation defense budget. Small businesses, on the other hand, sometimes don't even know a law until they get sued, because they've been too busy trying to survive in the real world instead of reading regulations and cases.

5. "Commercial banks and other depository institutions are the largest lenders of debt capital to small businesses. They accounted for almost 65 percent of total traditional credit to small businesses in 2003. (This includes credit lines and loans for nonresidential mortgages, vehicles, equipment, and leases.) Credit cards account for much of the growth in small business lending over the past few years."

This might be one factor in the credit crunch--the more small businesses fail, the more bad loans on the banks' books.