Statement by the Chairman of the Supervisory Board

Hamburg/Kiel, January 18, 2012 - Statement by the Chairman of the Supervisory Board:

As is known, in late December of last year the Hamburg public prosecutor initiated proceedings against the former Management Board members of HSH Nordbank that were in office in 2007 in connection with what is referred to as the Omega 55 transaction.

HSH Nordbank immediately thereafter sought to obtain access to the charge and the evidence on which the claim is based. However, earlier this month a petition for inspection of the files was dismissed by the court responsible, with reference to the complaints raised by individual defendants. At the moment, it is impossible to say whether and when the Bank will be permitted to inspect the files.

Regardless of these difficulties, the Bank's Supervisory Board is arranging for everything within its power and is checking whether the new facts demand a change in the present assessment of the responsibilities of the former Management Board members. Should this be the case, the Supervisory Board will initiate appropriate legal steps against the former Management Board members.

The Supervisory Board will report promptly on the progress of its examinations.

Hilmar Kopper

Chairman of the Supervisory Board

The information contained in this press release does not constitute an offer for the sale of any type of Hamburg Commercial Bank AG securities. Securities of Hamburg Commercial Bank AG may not be sold in the United States without registration pursuant to US securities legislation, unless such a sale takes place on the basis of relevant exceptional provisions.

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