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Resolution by Agreement

Resolution by Agreement represents a just and proper resolution for complaints which meet the pre-determined criteria under the Guidelines.

Statistics

For the year ended 30 June 2022  2021 2020 2019  2018
Number of cases concluded  13 15 11 6  5

 

 

This page lists details of the Resolution By Agreements entered into by the Institute.

Date of Resolution Respondent Nature of complaint Penalty
20 June 2022 Lau Siu Wah

Press release:

(ENG)
(CHI)
Guilty of dishonourable conduct.

The respondent
was convicted of criminal intimidation under sections 24 and 27 of the Crimes Ordinance (Cap. 200) in December 2020.  
Reprimand

 
Penalty:
-

Costs:
HK$15,000
15 June 2022 1)  HLM CPA Limited
2)  Yuen Suk Ching
3)  
Ng Fai, Fiona

Press release:

(ENG)
(CHI)
Failure or neglect by the 1st  and 2nd respondents to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 200 Overall Objectives of the Independent Auditor and the Conduct of an Audit in Accordance with Hong Kong Standards on Auditing, HKSA 220 Quality Control for an Audit of Financial Statements, HKSA 315 Identifying and Assessing the Risks of Material Misstatement through Understanding the Entity and Its Environment, and HKSA 700 Forming an Opinion and Reporting on Financial Statements. Failure or neglect by the 3rd respondent to observe, maintain or otherwise apply HKSA 220.

The 1st respondent expressed an unmodified auditor’s opinion on the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 December 2016. The 2nd respondent was the engagement director and the 3rd respondent was the engagement quality control reviewer. 

The company breached Hong Kong Accounting Standard (HKAS) 39 by failing to recognise an impairment loss on its available-for-sale investments, which had resulted from a significant decline in the fair values of the investments below their original costs. In their audit, the respondents failed to recognize the inappropriate accounting treatment of the fair value decline in the financial statements.

Reprimand
 
Penalty:
1st respondent
HK$35,000

2nd respondent
HK$45,000

3rd respondent
HK$20,000

Costs:
HK$96,045.97
(including FRC costs)
(paid by the respondents jointly) 
10 June 2022

 1)  Chan Shek Chi
 2)  Tong Yat Hung

 3)  Cheng & Cheng Limited

 Press release:

(ENG)
(CHI)

Failure or neglect by the 1st and 3rd respondents to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 200 Overall Objectives of the Independent Auditor and the Conduct of an Audit in Accordance with Hong Kong Standards on Auditing, HKSA 500 Audit Evidence, and HKSA 540 Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures. Failure or neglect by the 2nd respondent to observe, maintain or otherwise apply HKSA 220 Quality Control for an Audit of Financial Statements. Failure or neglect by the 1st  and 2nd respondents to observe, maintain or otherwise apply the fundamental principle of professional competence and due care in sections 100.5(c) and 130.1 of the Code of Ethics for Professional Accountants.

The 3rd respondent audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries (collectively, Group) for the year ended 31 December 2018. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer of the audit.

The respondents failed to carry out sufficient audit procedures when they evaluated management’s impairment assessment on the Group’s interest in an associate, which had been identified as one of the key audit matters in the auditor’s report.

Order:
Reprimand
 
Penalty:
1st respondent
HK$35,000

2nd respondent
HK$25,000

3rd respondent
HK$50,000

Costs:
HK$108,243.82
(including FRC costs)
(jointly paid by the respondents)

10 June 2022 1) Chan Kong Wang

2) RSM Hong Kong

Press release:
(ENG)
(CHI)

Failure or neglect by the respondents to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 330 The Auditor’s Responses to Assessed Risks, HKSA 500 Audit Evidence, and HKSA 700 Forming an Opinion and Reporting on Financial Statements. Failure or neglect by the 1st respondent to observe, maintain or otherwise apply sections 100.5(c) and 130.1 of the Code of Ethics for Professional Accountants.

The 2nd respondent audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 December 2016. The 1st respondent was the engagement partner of the audit. 

The financial statements had been revised to correct material misstatements in the consolidated loss for the year and exchange reserve, which were caused by an accounting error in relation to a duplicated recognition of an impairment loss on a receivable which was fully impaired in 2014. The respondents failed to identify the misstatements and to design and perform appropriate audit procedures to obtain sufficient appropriate audit evidence pertaining to the receivable, the impairment loss on the receivable, and the exchange reserve. They also drew an inappropriate conclusion that the financial statements as a whole were free from material misstatement. In addition, the 1st respondent failed to evaluate the appropriateness and accuracy of the consolidation adjustments pertaining to the receivable.

Order:
Reprimand

Penalty:
1st respondent
HK$35,000

2nd respondent
HK$50,000

Costs:
HK$148,772.07

(including FRC costs)
(paid by the respondents jointly)
17 May 2022 1)  Fong Tak Ching
2)  Zhonghui Anda  
     CPA Limited

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 450 Evaluation of Misstatements Identified during the Audit, HKSA 260 Communication with Those Charged with Governance, and HKSA 230 Audit Documentation.

The 2nd respondent  audited a Hong Kong listed company, and its subsidiaries for the year ended 31 March 2017. The 1st respondent was the engagement director of the audit.
 

The Institute received a referral from the Financial Reporting Council (FRC) about audit irregularities. They noted that an immaterial overstatement of liability had not been adjusted in the financial statements, but the respondents failed to include the overstated amount in a summary of unadjusted misstatements. In addition, the respondents failed to prepare adequate audit documentation of their procedures carried out on the above misstatement and the determination of audit materiality.



Reprimand

Penalty:
1st respondent
HK$35,000

2nd respondent
HK$50,000

Costs:
HK$127,967
(including FRC costs)
(jointly paid by the respondents)

 19 April   

 2022

1)  KPMG

2)  Muk Chung Wing

3)  Wong Sau Ling


Press release:

(ENG)
(CHI)

Failure or neglect by the 1st and 2nd respondents to observe, maintain or otherwise apply the fundamental principle of professional competence and due care in sections 100.5 (c) and 130.1 of the Code of Ethics for Professional Accountants; failure or neglect by the 3rd respondent to observe, maintain or otherwise apply Hong Kong Standard on Auditing 220 Quality Control for an Audit of Financial Statements.

The 1st respondent audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 December 2015. The 2nd respondent was the engagement partner and the 3rd respondent was the engagement quality control reviewer.

The respondents failed to identify that earnings per share disclosed in the financial statements were misstated.  The misstatement resulted from errors in calculating the weighted average number of shares outstanding after a bonus share issue and an open offer of shares made by the company during the year.

Reprimand

Penalty:
1st respondent
HK$50,000

2nd respondent
HK$35,000

3rd respondent
HK$35,000

Costs:
HK$142,905.07
(including FRC costs)
(paid by the respondents jointly)

13 April 2022

Lam Siu Hung

Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply the fundamental principle of professional behaviour in section 100.5(e), as elaborated by section 150.1, of the Code of Ethics for Professional Accountants.

The respondent was an independent non-executive director and the audit committee chair of a Hong Kong listed company. In July 2021, the Stock Exchange of Hong Kong censured him for failing to ensure the effectiveness of the company’s safeguards over compliance with the Listing Rules, leading to violations of those rules in respect of a major and connected loan transaction undertaken by the company. In addition, the respondent was held accountable for the company’s failure to adequately address possible irregularities found in the audit of the company’s 2017 financial statements and internal control deficiencies persisting in a number of years. The respondent was also directed to undergo training in the relevant compliance areas.

Reprimand

 
Penalty:
-

Costs:
HK$
15,000
 29 March  2022

Kong Muk Yin


Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of professional behaviour in section 110.1A1(e) and subsection 115 under Part A of the applicable Code of Ethics for Professional Accountants.

The respondent was the executive director of a Hong Kong listed company, and was responsible for the company’s finance and accounts department as well as company secretarial matters and administration. In May 2021, the Market Misconduct Tribunal (MMT) sanctioned the company and its directors for late disclosure of inside information regarding unrealized profits and significant gains. The MMT fined the respondent, disqualified him from being a director of a listed company for six months, and ordered him to undergo an approved training programme.

Reprimand

 
Penalty:
-

Costs:
HK$15,000
16 December 2021 Chung Koon Shing, Patrick

Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply the fundamental principle of professional competence and due care under sections 100.5(c) and 130 (for the 2013 to 2018 audits) and sections 110.1 A1(c) and R113.1 under Chapter A (for the 2019 audit) of the Code of Ethics for Professional Accountants.

The respondent was the honorary auditor of an entity registered under the Trade Unions Ordinance, Cap. 332. He issued an unmodified auditor’s report on the statement of account of the entity for each of the seven years ended 31 August 2013 to 2019. However, the audit procedures performed by the respondent were deficient in that he did not (i) evaluate how the limited extent of the audit work performed on the entity’s receipts and expenditures met the statutory requirements; (ii) adequately analyse the nature of the receipts to support his conclusion that the entity was exempted from profits tax; and (iii) obtain an adequate understanding of the internal controls related to the entity’s recording of its receipts and expenses. Furthermore, the respondent failed to specify the accounting framework under which the statement of account had been prepared, and the auditing and assurance standards under which the engagement had been conducted.

As a result, the respondent failed to (a) design and perform audit procedures to obtain sufficient appropriate audit evidence in accordance with Hong Kong Standard on Auditing (HKSA) 500 Audit Evidence; (b) obtain an understanding of the client, its environment and internal controls in accordance with HKSA 315 Identifying and Assessing the Risks of Material Misstatement through Understanding the Entity and Its Environment; and (c) prepare sufficient audit documentation to support his audit conclusion in accordance with HKSA 230 Audit Documentation

Reprimand

Penalty:
-

Costs:
HK$15,000
15 September 2021 Tang Siu Kun, Stephen


Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply the fundamental principle of professional behaviour under sections 100.5(e) and 150 of the applicable Code of Ethics for Professional Accountants.

The respondent was a founder of a listed company and the chairman of its board of directors. In March 2021, the Market Misconduct Tribunal (MMT) fined the company and its directors for late disclosure of inside information on a proposed acquisition of the company in 2013. 

The MMT found that the respondent breached the disclosure requirement under the Securities and Futures Ordinance and did not take all reasonable measures to ensure that proper safeguards existed to prevent the company’s breach of the disclosure requirement. He was fined and disqualified by the MMT from being a director or being involved in the management of a listed company for 24 months. The respondent was also ordered to undergo a training programme to be approved by the Securities and Futures Commission.
Reprimand

 

Penalty:
-

Costs:
HK$15,000

13 September 2021
 Ng Man Fai

Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply the fundamental principle of professional competence and due care in sections 110.1 A1 (c) and R113.1 under Chapter A of the Code of Ethics for Professional Accountants.

The respondent issued an accountant’s report on a solicitors’ firm under the Accountant’s Report Rules (Cap. 159A) (ARR) for the year ended 31 December 2019. However, the procedures performed by him in support of the report were deficient in that (i) the clients’ ledger accounts of the firm were not scrutinized for at least two dates within the year to ensure that no account was overdrawn; (ii) the respondent failed to identify that certain cheque payments out of client accounts, which were checked in his sampling test, were not made to the solicitor but to third parties in violation of the Solicitors’ Accounts Rules; (iii) circularization of client ledger accounts was not performed; and (iv) no written confirmation was obtained from the firm that regular back-up procedures were carried out for its computerized accounting system.

As a result, the respondent failed to conduct the reporting engagement in accordance with the ARR and the Institute’s Practice Note 840 (Revised) Reporting on Solicitors’ Accounts under the Solicitors’ Accounts Rules and the Accountant’s Report Rules.

Reprimand

 
Penalty:
HK$50,000

Costs:
HK$15,000
 5 August  2021 Shin Yick, Fabian

Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply the fundamental principle of professional behaviour under sections 100.5(e) and 150 of the applicable Code of Ethics for Professional Accountants.

The respondent was formerly a responsible officer and the chief executive officer of a company. In 2017, he was the sponsor principal in charge of supervising the execution of a listing application for which the company was the sole sponsor. The listing application lapsed subsequently after inquiries by the Securities and Futures Commission (SFC) and The Stock Exchange of Hong Kong Limited. 

The SFC later instituted an investigation and found that the company failed to comply with relevant rules and regulations of the SFC. The SFC also found that the company’s failures were attributable to the respondent’s failure to discharge his duties and the respondent was in breach of the relevant rules and regulations of the SFC. In September 2020, the SFC issued a decision notice banning the respondent from re-entering the industry for 20 months.

Reprimand

Penalty:
-

Costs:
HK$15,000
 4 August  2021 1) Hsu Shiu Hung, Kenneth

2)
Kenneth S.H. Hsu & Co.

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 315 Identifying and Assessing the Risks of Material Misstatement through Understanding the Entity and Its Environment, HKSA 330 The Auditor’s Responses to Assessed Risks, HKSA 500 Audit Evidence and the fundamental principle of professional competence and due care in sections 110.1 A1(c) and R113.1 under Chapter A of the Code of Ethics for Professional Accountants.

The respondents expressed an unmodified auditor’s opinion on the financial statements of a private company for the year ended 31 March 2019. They failed to perform appropriate audit procedures to evaluate whether some of the company’s expenses were for genuine business purposes and properly approved. In particular, they failed to obtain sufficient appropriate audit evidence supporting lump sum payments for expenses made through a shareholder of the company. In addition, they did not evaluate how the company’s inability to provide support for the payments would impact the auditor’s opinion.

Reprimand

Penalty:
HK$50,000
(paid by the two respondents jointly)

Costs:
HK$15,000
(paid by the two respondents jointly)

13 May 2021

1) Chan Chi Kwong, Dickson

2) CF Partners Limited


Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply the fundamental principle of professional competence and due care in sections 110.1 A1(c) and R113.1 under Chapter A of the Code of Ethics for Professional Accountants.

The respondents issued an accountant’s report for a solicitors’ firm under the Accountant’s Report Rules (Cap. 159A). In conducting the reporting engagement, the respondents failed to comply with the Accountant’s Report Rules and the Institute’s Practice Note 840 (Revised) Reporting on Solicitors’ Accounts under the Solicitors’ Accounts Rules and the Accountant’s Report Rules. They did not perform adequate procedures to identify (i) overdrawing of client money from client bank accounts by the firm; and (ii) drawing of money from client bank accounts by the firm for disbursements not yet expended. Furthermore, they did not adequately perform checks to identify an overpayment into the client bank accounts by the firm.
Reprimand

Penalty:
HK$15,000
(paid by the two respondents jointly)


Costs:
HK$15,000
(paid by the two respondents jointly)

12 May 2021 Tsoi Yuen Hoi

Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 315 Identifying and Assessing the Risks of Material Misstatement through Understanding the Entity and Its Environment and HKSA 500 Audit Evidence.

The respondent audited the financial statements of a private company for the year ended 31 March 2019. He failed to adequately document his understanding of the nature of the company’s business, and failed to obtain sufficient appropriate audit evidence on revenue and purchases recognized in the financial statements.

Reprimand
 
Penalty:
HK$20,000

Costs:
HK$15,000

 
12 May 2021

Cheng & Cheng Limited

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 500 Audit Evidence, HKSA 550 Related Parties, HKSA 560 Subsequent Events and the fundamental principle of Professional Competence and Due Care in sections 100.5(c) and 130 of the Code of Ethics for Professional Accountants.

The respondent audited the financial statements of a private company for the years ended 30 June 2015 and 30 June 2016.

For the 2015 financial year, an initial set of financial statements issued by the company with an unmodified auditor’s report was later replaced by a revised set of financial statements with a modified auditor’s report. The respondent failed to perform sufficient audit procedures on a revenue item and certain significant related party transactions when auditing the initial financial statements. In reporting on the revised financial statements, the respondent failed to draw attention to the changes made to the financial statements and to the initial auditor’s report issued.

For the 2016 financial year, the respondent carelessly allowed a wrong set of the company’s financial statements to be printed and issued with an unmodified auditor’s report. The mistake was later rectified by the issue of a set of correct financial statements with a modified auditor’s report.

For both of the years, the respondent failed to take appropriate action to prevent reliance on the initial auditor’s report that had been replaced, when management had not acted adequately to this effect.

Reprimand

Penalty:
HK$50,000

Costs:
HK$15,000

12 May 2021

1)   Edmund Siu

2)   Yip Kai Yin

3)   Elite Partners CPA

       Limited


Press release:
(ENG)
(CHI)

Failure or neglect by the 1st  and 3rd  respondents to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 230 Audit Documentation, HKSA 500 Audit Evidence and HKSA 540 Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures. Failure or neglect by the  2nd respondent to observe, maintain or otherwise apply HKSA 220 Quality Control for an Audit of Financial Statements.

The 3rd  respondent audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 March 2014. The 1st respondent was the engagement director and the 2nd  respondent was the engagement quality control reviewer.

The financial statements included goodwill arising from the acquisition of a business engaged in the development and operation of a mobile phone application. In the audit, the respondents failed to obtain sufficient appropriate evidence and prepare sufficient audit documentation when assessing the impairment of the goodwill.

Reprimand

Penalty:
HK$50,000 for each of the three respondents

Costs:
HK$
289,594.80
(including FRC costs) (jointly paid by the respondents)

 
12 May 2021 Chan Tak Shing

Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply section 800.3 under Chapter C of the Code of Ethics for Professional Accountants.

The respondent does not hold a practising certificate. Accordingly, he is not allowed to carry on a business, trade or profession in a name that includes the initials “CPA” or the characters “會計師”. He registered an unincorporated entity under the Business Registration Ordinance that he wholly owned, in a name that included those initials and characters, contrary to the requirements in the professional standard.
Reprimand

 
Penalty:
HK$10,000

Costs:
HK$15,000

 9 April 2021 Yu Chi Fat

Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply the Hong Kong Standard on Auditing (HKSA) 200 Overall Objectives of the Independent Auditor and the Conduct of an Audit in Accordance with Hong Kong Standards on Auditing; HKSA 500 Audit Evidence and HKSA 700 Forming an Opinion and Reporting on Financial Statements.

The respondent was the engagement partner in a firm’s audit of the consolidated financial statements of a Hong Kong listed group for the year ended 30 June 2012. The firm is now de-registered.

The financial statements included the listed group’s investment in a private group that was classified as an interest in an associate. The stated accounting policy for the investment was to incorporate the results and assets and liabilities of the associate using the equity method of accounting under Hong Kong Accounting Standard 28 Investments in Associates. This was inconsistent with the listed group’s accounting practice of stating the investment at fair value.

The respondent failed to carry out audit procedures to resolve the inconsistency between the stated accounting policy and adopted accounting practice for the investment.

Reprimand

 
Penalty:
-

Costs:
HK$
39,132.

 8 April  2021

1) Ho Chi Pui
2)
ANDERSON LI & HO CPA Limited

Press release:

(ENG)
(CHI) 

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of professional competence and due care in R113.1 and R113.2 under Chapter A of the Code of Ethics for Professional Accountants.

The respondents issued an accountant’s report for a solicitors’ firm under the Accountant’s Report Rules (Cap. 159A). In conducting the reporting engagement, they failed to comply with the Accountant’s Report Rules and the Institute’s Practice Note 840 (Revised) Reporting on Solicitors’ Accounts under the Solicitors’ Accounts Rules and the Accountant’s Report Rules. The deficient procedures related to checking of proper authorization for withdrawals of money from client accounts; inquiring into the outstanding items of bank reconciliations; circularizing client ledger accounts; checking the firm’s recording of all bills of costs; and confirming the firm’s computerized accounting system had complied with the relevant requirement. The respondents also failed to obtain a signed engagement letter for the reporting engagement.

Reprimand

 
Penalty:
HK$50,000
(paid by the two respondents jointly)

Costs:
HK$15,000
(paid by the two respondents jointly)

5 January 2021 1) Chan Kam Fuk
2) Dominic K. F. Chan & Co.

Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Review Engagements 2400 (Revised) Engagements to Review Historical Financial Statements.

The firm issued an unmodified review report on the interim financial statements of a listed company and its subsidiaries for the six months ended 31 December 2018. The group made significant payments for capital expenditures during the period. Most of the payments were for land improvement contracts and were incorrectly classified as “lease prepayments for orange plantations”.

The respondents’ working papers reflected insufficient understanding of the group’s accounting system; insufficient assessment of the impact of the inappropriate classification; and inadequate procedures in relation to impairment assessments. 

Reprimand

Penalty:
HK$50,000 (paid by the two respondents jointly)

 

Costs:
HK$15,000 (paid by the two respondents jointly)

 
10 November 2020 1)  Tam Kwok Chung, John

2)  John Tam & Co. 

     Certified Public

     Accountants

 

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of professional competence and due care in sections 110.1 A1 (c) and R113.1 under Chapter A of the Code of Ethics for Professional Accountants.

 

The respondents issued an accountant’s report for a solicitor’s firm under the Accountant’s Report Rules (Cap. 159A). They did not conduct their procedures fully in accordance with those rules and the Institute’s Practice Note 840 (Revised) Reporting on Solicitors’ Accounts under the Solicitors’ Accounts Rules and the Accountant’s Report Rules. The respondents failed to identify errors in the solicitor firm’s ledger and the firm’s lack of prior written notification to clients when its fees were settled by withdrawing money from clients’ accounts. In addition, there were deficiencies in the respondents’ procedures on testing of bank reconciliations and confirmation of bank balances.

Reprimand

Penalty:
HK$25,000 (paid by the two respondents jointly)

 

Costs:
HK$15,000 (paid by the two respondents jointly)

10 November 2020

Li, Tang, Chen & Co.

 

Press release:

(ENG)
(CHI) 

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing (“HKSA”) 200 Overall Objectives of the Independent Auditor and the Conduct of an Audit in Accordance with Hong Kong Standards on Auditing, HKSA 500 Audit Evidence, and HKSA 540 Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures.

 

The firm expressed an unmodified auditors’ opinion on the consolidated financial statements of a listed company (“Company”) and its subsidiaries for the year ended 31 March 2015. Both the engagement partner and the engagement quality control reviewer of the audit have since resigned from the Institute.

In the audit, the firm did not properly assess the method, bases and assumptions used by the Company’s management and valuer in valuing intangible assets acquired in a business combination. The firm also failed to identify an error made by the company during its accounting for the consideration shares issued for the business combination.

Reprimand

 

Penalty:
HK$50,000 

 

Costs:
HK$243,799
(including FRC costs
)

16 October 2020

Lui Tin Nang

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of Professional Competence and Due Care in sections 110.1 A1(c) and R113.1 under Chapter A of the Code of Ethics for Professional Accountants.


The respondent issued an accountant’s report for a solicitor’s firm under the Accountant’s Report Rules (Cap. 159A) (Rules). In conducting the reporting engagement, he failed to comply with the Rules and the Institute’s Practice Note 840 (Revised) Reporting on Solicitors’ Accounts under the Solicitors’ Accounts Rules and the Accountant’s Report Rules. The deficient procedures related to certain long outstanding client account balances and unpresented cheques made out to clients, evaluating the results of client account circularization, and documenting procedures to support his statement in the report.

Reprimand
 
Penalty:
HK$25,000

Costs:
HK$15,000
 
6 October 2020 

1)  Wong Ka Chung

2)  Pondus (CPA) Limited

Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing (“HKSA”) 230 Audit Documentation, HKSA 500 Audit Evidence and HKSA 520 Analytical Procedures.

The 2nd respondent was the auditor of a private company and issued an unmodified audit opinion on each of the company’s financial statements for the years ended 31 March 2016 to 2019. The 1st respondent was the engagement director and signed the auditor’s reports on behalf of the 2nd respondent.

In the performance of the audits, the respondents failed to prepare adequate documentation and perform adequate procedures on the company’s bank accounts, membership fee income, ongoing litigations and certain expense items.

Reprimand
 
Penalty:
HK$30,000 for each of the two respondents

Costs:
HK$15,000
14 October 2020 Lam Albert Man Sum


Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of Professional Competence and Due Care in the requirement R113.1 of the Code of Ethics for Professional Accountants.

The respondent issued an accountant’s report for a solicitors’ firm under the Accountant’s Report Rules (Cap. 159A). In conducting the reporting engagement, the respondent failed to comply with the Institute’s Practice Note 840 (Revised) Reporting on Solicitors’ Accounts under the Solicitors’ Accounts Rules and the Accountant’s Report Rules. The deficiencies related to lack of procedures for accepting and planning the engagement and agreeing the terms of the engagement in the form of an engagement letter, and lack of tests or procedures to evaluate if the solicitors’ firm had complied with the requirements under the Solicitors’ Accounts Rules (Cap. 159F).

Reprimand
 
Penalty:
HK$40,000

Costs:
HK$15,000
6 August 2020 Ng Tsz Wing

Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply the fundamental principle of Professional Competence and Due Care in sections 100.5(c) and 130.1 of the Code of Ethics for Professional Accountants.

The respondent issued an accountant’s report for a solicitor’s firm under the Accountant’s Report Rules (Cap. 159A) (Rules). In conducting the reporting engagement, he failed to comply with the Rules and the Institute’s Practice Note 840 (Revised) Reporting on Solicitors’ Accounts under the Solicitors’ Accounts Rules and the Accountant’s Report Rules. The deficient procedures related to obtaining bank certificates for client accounts, circularizing client ledger accounts, and documenting evidence of the firm’s monthly reconciliation of balances of client accounts.
Reprimand

 
Penalty:
HK$50,000

Costs:
HK$15,000
10 July 2020

Kong Kam Yu

 

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of Professional Behaviour in sections 100.5(e) and 150.1 of the Code of Ethics for Professional Accountants.

 

The respondent was formerly an executive director, qualified accountant and company secretary of a Hong Kong listed company. In 2018, he was sanctioned by the Stock Exchange of Hong Kong for breach of the listing rules and director’s undertakings. The respondent failed to ensure that the listed company made timely disclosure and obtained shareholders’ approval of a series of transactions and events involving the company’s interest in a foreign listed company.

Reprimand

 
Penalty:
HK$50,000

Costs:
HK$15,000
22 May 2020  1)    Li Wing Sum, Steven
 2)    Tong Yat Hung
 3)    Cheng & Cheng 
        Limited

Press release:

(ENG)
(CHI)

Failure or neglect by the 1st and 3rd respondents to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 200 Overall Objectives of the Independent Auditor and the Conduct of an Audit in Accordance with Hong Kong Standards on Auditing, HKSA 300 Planning an Audit of Financial Statements, HKSA 330 The Auditor’s Responses to Assessed Risks, HKSA 500 Audit Evidence, HKSA 540 Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures, HKSA 620 Using the Work of an Auditor’s Expert and HKSA 700 Forming an Opinion and Reporting on Financial Statements. Failure or neglect by the 2nd respondent to observe, maintain or otherwise apply HKSA 220 Quality Control for an Audit of Financial Statements.

The 3rd respondent audited the consolidated financial statements of a Hong Kong listed group for the year ended 31 May 2012 and expressed an unmodified auditor’s opinion. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer.

The respondents failed to perform sufficient appropriate audit procedures concerning an investment in a dairy business overseas and convertible notes issued as consideration for the investment, and the appropriate accounting treatment of securities issued to a manager appointed for the dairy operations.

There were also audit deficiencies identified in the areas of sales revenue and assessing impairment of the company’s interests in subsidiaries.

Reprimand

 
Penalty:
HK$50,000 for each of the three respondents

Costs:
HK$53,078
(including FRC costs) (paid by the three respondents jointly)
13 May 2020 Fok Joyce Sing Yan

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing 220 Quality Control for an Audit of Financial Statements.

The respondent was the engagement quality control reviewer in the audit of the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 December 2014.

The listed group entered into a very substantial acquisition during the year, and the assets acquired included a hotel in mainland China of which the right to operate, manage and maintain had been granted to a hotel management company.

The audit engagement team failed to properly plan the audit to address the risks of material misstatement associated with the acquisition. Consequently, the team failed to properly evaluate the fair values of the assets acquired, and failed to identify the non-compliance with accounting requirements in relation to the gain on bargain purchase and the erroneous classification of the hotel. Those areas were material and involved significant judgements. Fok failed to perform an adequate engagement quality control review on those areas.  

Reprimand
 
Penalty:
HK$50,000

Costs:
HK$50,403
(including FRC costs) 
17 April 2020

1)  Lam Pik Wah

2)  Yeung Kit Kam, Lesley

3)  BDO Limited

Press release:

(ENG)
(CHI)
Failure or neglect by the 1st and 3rd respondents to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 230 Audit Documentation, HKSA 500 Audit Evidence and HKSA 540 Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures. Failure or neglect by the 2nd respondent to observe, maintain or otherwise apply HKSA 220 Quality Control for an Audit of Financial Statements.

The 3rd respondent audited the consolidated financial statements of a Hong Kong listed group for the year ended 31 December 2013 and expressed an unmodified auditor’s opinion. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer.

The group acquired a subsidiary in Mainland China which had entered into a project for exploration, development and production of oil and natural gas in the Mainland. Approval to begin development of the project had not been obtained from the Chinese government. However, the group’s interest in the project and the exploration costs incurred were recognized as assets in the financial statements.

The audit team did not perform adequate procedures, or prepare adequate documentation, in respect of assessing certain assumptions in the valuation of the project. Those assumptions related to forecast production and sales volumes, expected selling price of products and discount and risk premium rates used.
Reprimand

 
Penalty:
Each of the three respondents: HK$25,000

Costs:
HK$172,537.50
(including FRC costs) (paid by the three respondents jointly)
6 January 2020

Ng Ka Hong

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing 220 Quality Control for an Audit of Financial Statements.

The respondent was the engagement quality control reviewer in the audit of the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 December 2014.

He failed to perform an adequate engagement quality control review in relation to valuation of biological assets, prepaid land lease payments and impairment assessment of intangible assets. Those areas were material and involved significant judgements made by the audit team. 
Reprimand

 
Penalty:
HK$20,000

Costs:
HK$80,530
(including FRC costs)
30 December 2019 

1)  Chan Wai Nam, William

2)  Jimmy Siu

3)  Elite Partners CPA Limited

 

Press release:

(ENG)
(CHI)
Failure or neglect by the 1st and 3rd respondents to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 230 Audit Documentation, HKSA 500 Audit Evidence and HKSA 540 Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures. Failure or neglect by the 2nd respondent to observe, maintain or otherwise apply HKSA 220 Quality Control for an Audit of Financial Statements.

The 3rd respondent audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 December 2015 and expressed an unmodified auditor’s opinion. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer.

In the audit, the respondents failed to obtain sufficient evidence of the assumptions adopted by the valuer in valuing an option acquired by the company, and to prepare adequate documentation of their purported discussions with management concerning the option and other audit procedures purportedly carried out on it. In addition, the respondents failed to identify the inadequate financial statement disclosures relating to the option.

Reprimand

 
Penalty:
1st respondent: HK$35,000

2nd respondent: HK$20,000

3rd respondent: HK$50,000

Costs:
HK$173,241.20
(including FRC costs) (paid by the three respondents jointly)
24 December 2019  Chan Mei Ling

Press release:

(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing 500 Audit Evidence.

The respondent audited the financial statements of a private company for the year ended 31 December 2016 and expressed an unmodified auditor’s opinion. In the audit, she failed to obtain sufficient evidence on the company’s accounts receivable, accounts payable and administrative expenses.
Reprimand

 
Penalty: HK$25,000

Costs:
HK$15,000
10 December 2019 1)  Kwee Wei
2)  Wong Sau Ling
3)  KPMG

Press release:
(ENG)
(CHI)
Failure or neglect by the 1st and 3rd respondents to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 200 (Clarified) Overall Objectives of the Independent Auditor and the Conduct of an Audit in Accordance with Hong Kong Standards on Auditing, HKSA 500 (Clarified) Audit Evidence and HKSA 510 (Clarified) Initial Audit Engagements – Opening Balances. Failure or neglect by the 2nd respondent to observe, maintain or otherwise apply HKSA 220 (Clarified) Quality Control for an Audit of Financial Statements.

The 3rd respondent audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the years ended 31 March 2014 to 2017. The 1st respondent was the engagement partner and the 2nd respondent was the engagement quality control reviewer.

In 2012, the listed company issued a convertible note to its controlling shareholder and chairperson, the terms of which contained contingent settlement provisions which would obligate the company to redeem the unconverted outstanding balance of the note in cash when certain events occurred. Notwithstanding this, the company recognized its contractual obligation to pay interest for the note as a financial liability and the residual balance as an item in equity, whereas it should have comprised embedded derivative financial instruments and a financial liability.

In their initial audit for 2014, the respondents concurred with the opening balances pertaining to the convertible note and failed to properly evaluate whether that accounting treatment complied with Hong Kong Accounting Standard 32 Financial Instruments: Presentation. In 2017, the note matured and part of it had to be settled by cash. The company then reassessed the initial accounting treatment of the note, and after discussion with the respondents, made relevant prior year adjustments.

Reprimand
 
Penalty:
HK$35,000 (paid by the three respondents jointly)

Costs:
HK$62,828
(including FRC costs) (paid by the three respondents jointly)
 
 
10 December 2019 1)  Yam Tak Fai, Ronald
2)  Wong Wo Cheung
3)  RSM Hong Kong

Press release:
(ENG)
(CHI)
 
 
Failure or neglect by the 1st  and 3rd respondents to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 200 (Clarified) Overall Objectives of the Independent Auditor and the Conduct of an Audit in Accordance with Hong Kong Standards on Auditing, HKSA 230 (Clarified) Audit Documentation, HKSA 330 (Clarified) The Auditor’s Responses to Assessed Risks, HKSA 500 (Clarified) Audit Evidence and HKSA 530 (Clarified) Audit Sampling. Failure or neglect by the 2nd respondent to observe, maintain or otherwise apply HKSA 220 (Clarified) Quality Control for an Audit of Financial Statements.

The 3rd respondent audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the years ended 31 March 2010 to 2012 and expressed unmodified auditor’s opinions. The 1st respondent was the engagement partner and the 2nd respondent was the engagement quality control reviewer.

The audit irregularities concerned revenue recognition and a convertible note.

The listed group recognized the unutilized portion of prepaid service contracts as revenue when customers changed contracts before expiry, and the underlying service treatments had not yet been delivered. This was contrary to Hong Kong Accounting Standard (HKAS) 18 Revenue.

In the 2010 and 2011 audits, the respondents failed to consider the relevant risk of material misstatement, and failed to plan and perform audit procedures to test the relevant revenue transactions and the related internal controls. In the 2012 audit, the respondents identified the accounting non-compliance and, through audit tests performed, calculated the expected misstatements. Management determined an amount based on the respondents’ calculation, and adjusted the financial statements accordingly. However, the respondents failed to justify that the management’s adjusted amount was sufficiently precise to correct the misstatements.

Further, in 2012, the listed company issued a convertible note to its controlling shareholder and chairperson, the terms of which contained contingent settlement provisions which would obligate the company to redeem the unconverted outstanding balance of the note in cash when certain events occurred. Notwithstanding this, the company recognized its contractual obligation to pay interest for the note as a financial liability and the residual balance as an item in equity, whereas it should have comprised embedded derivative financial instruments and a financial liability.

In their audit, the respondents failed to properly evaluate those contingent settlement provisions against HKAS 32 Financial Instruments: Presentation, and prepare sufficient audit documentation on the classification of the note.

 


Reprimand

 
Penalty:
1st respondent: HK$40,000

2nd respondent: HK$10,000

3rd respondent: HK$50,000

Costs:
HK$283,748
(including FRC costs) (paid by the three respondents jointly)
16 August 2019 1)  Wong Wing Hon
2)  W.H. Wong & Company

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 230 Audit Documentation and HKSA 500 Audit Evidence.

The 1st respondent is the sole proprietor of the 2nd respondent which expressed an unmodified auditor’s opinion on the financial statements of a private company for the year ended 31 December 2017.

The company engaged in consignment sales of books. During their audit, the respondents failed to obtain sufficient evidence on the company’s rental income derived from consigned books stored in its warehouse and on the amount due from a consignor. They also failed to adequately document audit procedures performed in those two areas.

 

Reprimand
 
Penalty: HK$20,000 (paid by the two respondents jointly)

Costs:
HK$15,000 (paid by the two respondents jointly) 
 10 July 2019

1)  Lie Kong Sang

2)  PricewaterhouseCoopers

Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 230 Audit Documentation, HKSA 330 The Auditor’s Procedures in Response to Assessed Risks and HKSA 500 Audit Evidence.

The 2nd respondent audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries (collectively, Group) for the years ended 31 March 2006 to 2009 and expressed unmodified auditor's opinions. The 1st respondent was the engagement partner in those audits.

The Group entered into prepaid service contracts with customers and recognized the unutilized portion of prepayments as revenue when customers changed the service type or transferred the unutilized service treatments to other customers before contract expiry, where the underlying service treatments had not yet been delivered. This was contrary to Hong Kong Accounting Standard 18 Revenue. The respondents failed to design and perform procedures to appropriately test such revenue recognition, and failed to document their evaluation of management’s discussion with the Group’s legal advisors concerning the legal and contractual position of prepaid contracts. 
Reprimand

 
Penalty:
Each of 1st  and 2nd respondents HK$50,000

Costs:
HK$117,599
(including FRC costs) (paid by the two respondents jointly)
 8 July 2019  Kwok Kwan Hung

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of Professional Competence and Due Care in sections 100.5(c) and 130 of the Code of Ethics for Professional Accountants.

The respondent was an executive director and the chief financial officer of a Hong Kong listed company. He supervised the company’s financial reporting team and was responsible for preparing the group’s consolidated financial statements for consideration and approval by the board of directors. The group’s audited consolidated financial statements for the year ended 31 March 2011 and nine months ended 31 December 2011 contained material errors in the accounting of assets and liabilities acquired in two acquisitions, several convertible bonds issued by the company and the company’s share options and warrants. The errors represented breaches of Hong Kong Accounting Standard 39 and Hong Kong Financial Reporting Standards 2 and 3. 
Reprimand

Costs:
HK$10,000
 18
March 2019

1. Li Wing Yin

2. Au Yiu Kwan

3. BDO Limited

Press release:

(ENG)

(CHI)
Failure or neglect by the 1st and 3rd respondents to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 230 Audit Documentation, and failure or neglect by the 2nd respondent to observe, maintain or otherwise apply HKSA 220 Quality Control for an Audit of Financial Statements.

The 3rd respondent audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries (collectively, Group) for the year ended 31 December 2012 and expressed an unmodified auditor's opinion. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer.

The carrying amounts of goodwill, mining rights and other related assets pertaining to the Group's acquired coal mines were allocated to relevant cash generating units (CGUs) for impairment testing purposes. The respondents agreed with management's estimates and assumptions adopted in the valuations of the CGUs but they did not prepare sufficient audit documentation to record the audit procedures performed and evaluation made.

Reprimand
 
Penalty:
HK$50,000 (paid by the three respondents jointly)

Costs:
HK$105,564.50
(including FRC costs) (paid by the three respondents jointly) 
14 November 2018

1) Ng Wai Kwong, Timothy

2) Timothy W.K. Ng & Co.

(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing ("HKSA") 220, HKSA 240 and HKSA 500.

The Respondents audited the financial statements of a private company for the years ended 31 March 2013 and 2014.

In the circumstances that there were questions about the integrity of management, the Respondents failed to assess whether continuing the client relationship was appropriate. In addition, the Respondents failed to obtain sufficient evidence relating to a fixed asset. They also failed to maintain professional skepticism by accepting that the 2014 financial statements were approved by the board when evidence indicated otherwise.

Reprimand
 
Penalty:
HK$
20,000 (paid by the two respondents jointly)


Cost:
HK$10,000
(paid by the two respondents jointly)
5 November 2018

1) Kung Wing Ting

2) Aries CPA & Co.

(ENG)

 

(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing ("HKSA") 315, HKSA 500, HKSA 700 and HKSA 710.

The 1st Respondent is the sole proprietor of the 2nd Respondent which audited the financial statements of a private company for 2014, 2015 and 2016. The Respondents failed to articulate the reasons for a disclaimer of opinion on the 2014 financial statements. In addition, they failed to obtain sufficient evidence about the principal activity of the company stated in the 2015 and 2016 financial statements and to modify the auditor's opinions on those financial statements when matters leading to the disclaimer of opinion in the preceding period remained unresolved.

Reprimand
 
Penalty:
HK$40,000
(paid by the two respondents jointly)

Cost:
HK$10,000
(paid by the two respondents jointly)

24

October 2018

1) Lee Po Chi

2) Deloitte Touche

    Tohmatsu

(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing 500 Audit Evidence.

 

The 2nd Respondent audited the financial statements of a Hong Kong listed company and its subsidiaries (collectively "Group") and the 1st Respondent was the engagement partner.

The Group's audited financial statements for the years 2014 and 2015 recorded an impairment loss on an investment in a listed company. This loss was inappropriately recorded, as the excess of market value of the investee's shares over their carrying amount indicated there was no impairment in the two years. As a result, the Group's net assets were understated in those financial statements.   

Reprimand
 
Penalty:
Each of 1st and 2nd respondents HK$50,000


Cost:
HK$10,000
(paid by the two respondents jointly) 
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