spacer
search icon cross white
spacer bookmark cross
search icon
Search Tags

  Total: Bookmarks

 Bookmark(s) Click icon to add bookmark(s) to my profile

  •  Local Bookmark is Empty

 User Profile Bookmark(s)

  •  Profile is Empty
MENU
spacer
bookmark cross white
A
search icon cross white
search icon
Search Tags

  Total: Bookmarks

Click icon to add bookmark(s) to my profile

 Bookmark(s)

 User Profile Bookmark(s)

close

Forgot password / username Re-send activiation email Register an account Help with web login

Disciplinary Orders

Order Date
Respondent             
Nature of complaint
Sanction
7 November 2023 Cheung Chun Wing

Press release:
(ENG)
(CHI)

Failure or neglected to observe, maintain or otherwise apply the  fundamental principle of integrity in sections R111.1 and R111.2 under Chapter A of the Code of Ethics for Professional Accountants (“COE”); the fundamental principle of professional competence and due care in section R113.1 under Chapter A of the COE; and Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements; and being guilty of professional misconduct.

 

The respondent is the sole proprietor of a firm (the “Practice”). He is responsible for the Practice’s quality control system and the quality of its audit and compliance engagements. The Practice was subject to a second full scope practice review which was concluded in February 2022. At the time of the practice review, the Practice reported that it had engaged subcontractors to perform its audit work.

 

In the practice review, the practice reviewer (“Reviewer”) reviewed a number of audit engagements. The respondent was found to have provided false and/or misleading representations to the Reviewer, and false answers in the 2020 practice review self-assessment questionnaire. Furthermore, the practice review site visit revealed that in response to the prospect of practice review, the respondent had created audit evidence and working papers of the engagements for two clients subsequent to the completion of those audits. In addition, the respondent had manipulated the client lists provided to the Reviewer in an attempt to keep the engagements with no working papers from being selected for practice review. The Reviewer further found that for most of the Practice’s engagements, little or no audit work had been done prior to issuing the audit reports such that there was not in existence any audit working paper or audit file. The Reviewer also found a number of significant deficiencies in the Practice’s quality control system and performance of the reviewed engagements. 
Order:

Reprimand

Removal from the register of CPAs for 4 years and cancellation of practising certificate with effect from 19 December 2023


Penalty:

HK$100,000


Costs:
HK$62,678

Order and Reasons for Decision

11 October 2023 Chan Wai Ping

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; Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements; Hong Kong Standard on Auditing (“HKSA”) 220 Quality Control for an Audit of Financial Statements; HKSA 230 Audit Documentation; HKSA 240 The Auditor’s Responsibilities Relating to Fraud in an Audit of Financial Statements; HKSA 315 Identifying and Assessing Risks of Material Misstatement through Understanding the Entity and Its Environment; HKSA 320 Materiality in Planning and Performing an Audit; HKSA 330 The Auditor’s Responses to Assessed Risks; and HKSA 500 Audit Evidence; and being guilty of dishonourable misconduct.

 

As the sole practising director of a corporate practice (“Practice”), the respondent was responsible for operating the Practice, including its compliance with relevant laws and regulations, as well as for the Practice’s quality control system and the quality of its audit engagements. The Practice was subject to a first-time practice review in March 2016 and a follow-up practice review which was concluded in Jun 2019 (“Review”). During the Review, the practice review team (“Reviewer”) found that the Practice had amended the audit working papers pertaining to a client’s audit. The Reviewer also noted that the Practice did not adopt audit programmes in a number of audit engagements, and the Practice did not have adequate policies and procedures to address potential threats to auditor’s independence caused by its provision of accounting services to certain audit clients. Further, the Reviewer identified specific deficiencies in two of the Practice’s clients’ audits.

 

In communicating with the respondent/the Practice during the course of handling the complaint, the Institute found that the Practice had failed to notify the Registrar of a change in the address of its registered office in accordance with the pre-amended Professional Accountants Ordinance (Cap. 50). Alternatively, the respondent intentionally or recklessly failed to cooperate with the Institute pertaining to the handling of the subject PRC complaint. This indicates improper conduct on the part of the respondent.

Order:
Reprimand

Removal from the register of CPAs for two years and cancellation of practising certificate for 24 months with effect from 22 November 2023

Penalty:

-


Costs:
HK$101,446

Reasons for Decision

 

Decision on Sanctions and Costs

 3 September 2020

Chan Yui Hang

 

Press release:

(ENG)
(CHI

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of Professional Behaviour in section 500.5(e) of the Code of Ethics for Professional Accountants (Code of Ethics), and breach of the duties of reporting openly to those interested in the liquidation and retaining overall control of the engagement under sections 500.40 and 500.43 respectively of the Code of Ethics, and guilty of professional misconduct. 

 

The respondent was the sole liquidator of a Hong Kong private company which went into voluntary liquidation in December 2012. In conducting the liquidation, the respondent breached the requirements of the Companies (Winding-Up and Miscellaneous Provisions) Ordinance and Companies (Winding-Up) Rules by failing to convene valid annual creditors’ meetings for four consecutive years and to file his liquidator’s statements of account for six periods with the Companies Registry within the prescribed time. The respondent also failed to retain overall control of the liquidation when he delegated some of the liquidation work to a third party. In addition, the respondent made payments of liquidators’ fees to himself out of the company’s funds without obtaining proper approval from the creditors of the company.

 

The respondent appealed against the Disciplinary Committee’s decision. On 7 September 2023, the Court of Final Appeal handed down its judgment dismissing his appeal.
Order:

Reprimand

Cancellation of practising certificate for 12 months with effect from 19 October 2023

 

Penalty:
HK$100,000

Costs:
HK$215,187

Decision


Decision on Sanctions and Costs
 10 June 2021

Ng Kay Lam

 

Press release:
(ENG)
(CHI

Failure or neglect, without reasonable excuse, to comply with a direction issued by the Practice Review Committee (“PRC”) under section 32F(2)(b) of the pre-amended Professional Accountants Ordinance. 

 

The respondent was a sole proprietor of his practice. The Institute scheduled a follow-up practice review of his practice in 2017. This did not take place due to the respondent’s refusal to cooperate. As a result, the PRC issued a direction requiring the respondent to accommodate the practice review visit in 2018 and provide certain information for the review. The respondent failed to comply with the PRC’s direction.

 

The respondent appealed against the Disciplinary Committee’s decision. On 12 May 2023, the Court of Appeal (“CA”) handed down its judgment dismissing his appeal and the CA handed down its decision on costs on 13 September 2023.
Order:

Reprimand

Cancellation of practising certificate for 24 months with effect from 25 October 2023

 

Penalty:
 -

Costs:
HK$174,866

Reasons for Decision


Costs and Sanctions Order
 8 June 2023 Wong Tai Wai, David

Press release:
(ENG)
(CHI) 

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of professional competence and due care in sections R110.2 and R113.1 under Chapter A of the Code of Ethics for Professional Accountants; Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements; Hong Kong Standard on Auditing (“HKSA”) 230 Audit Documentation; HKSA 500 Audit Evidence; HKSA 520 Analytical Procedures; HKSA 700 (Revised) Forming an Opinion and Reporting on Financial Statements; and HKSA 705 Modifications to the Opinion in the Independent Auditor’s Report.

 

The Respondent was practising in his own name with no staff (the “Practice”). The Practice was subject to a practice review (the “Review”) on his audit engagement of a client, which was concluded in June 2020. The practice review reviewer (“Reviewer”) identified a number of significant findings and deficiencies in the Practice’s audit, which led to concerns over the Respondent’s lack of professional competence and due care. This was demonstrated by the Practice’s insufficient quality control policies and procedures, deficient monitoring function, and lack of audit quality in the audit of the client. The Reviewer’s report also revealed various failures on the part of the Respondent to perform audit design and planning and appropriate audit procedures, to obtain appropriate audit evidence, and to maintain an adequate system of quality control in various aspects.

Order:
Reprimand

Removal from the register of CPAs for 2 years and cancellation of practising certificate with effect from 20 July 2023

Penalty:

-


Costs:
HK$186,617.50

Order and Reasons for Decision

 
 9 May 2023

Leung Kam Man, Victor

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 130.1 of the Code of Ethics for Professional Accountants; Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements; Hong Kong Standard on Auditing (“HKSA”) 230 Audit Documentation and HKSA 500 Audit Evidence.  

 

The respondent was a sole proprietor of two practices (collectively the "Practices"). He was responsible for the Practices' quality control systems and the quality of the Practices' engagements.  A previous practice review on one of the Practices and the respondent’s own name practice was conducted concurrently in 2013/2014 (“Previous Practice Review”). The Practices were subject to the present practice review which was concluded in August 2020.

 

In the present practice review, the reviewer found a number of significant deficiencies in the Practices' quality control systems and in the performance of a certain number of audit engagements, some of which were the same or similar deficiencies as identified in the Previous Practice Review.

Order:

Reprimand

Cancellation of practising certificate for 6 months with effect from 20 June 2023

 

Penalty:

HK$75,000


Costs:
HK$140,265

Order and Reasons for Decision

17 February 2023 Lee Sun, Antony

Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of integrity under section 110.1 A1(a) and subsections R111.1 and R111.2 under Chapter A of the Code of Ethics for Professional Accountants (“COE”); the fundamental principle of professional competence and due care under section 110.1 A1(c) and subsection R113.1 of the COE; Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements; Hong Kong Standard on Auditing (“HKSA”) 230 Audit Documentation; and HKSA 500 Audit Evidence and being guilty of professional misconduct. 

 

The respondent was the sole practicing director of JTBC CPA Limited (“Practice”) which was registered in February 2015. The Practice was subject to an initial practice review (“Review”) by the Quality Assurance Department which was concluded in October 2020.  The Review identified significant findings which led to concerns over the respondent’s lack of integrity and professional competence and due care, demonstrated by (i) his conduct in response to the Review, in particular, the creation of working papers, and provision of false or misleading information / representations; (ii) deficient quality control system of the Practice; and (iii) the lack of audit quality in the Practice’s audit engagements. 

Order:
Reprimand

Removal from the register of CPAs for 18 months and cancellation of practising certificate with effect from

31 March 2023

Penalty:

HK$200,000


Costs:
HK$71,298

Order and Reasons for Decision 
23 December 2022 Cheung Hing Chik, Charles

Press release:
(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply the fundamental principle of Integrity in section 110.1 A1(a) and subsections R110.2 and R111.2 under Chapter A of the Code of Ethics for Professional Accountants (“COE”) and the fundamental principle of Professional Behaviour in section 110.1 A1(e) and subsections R110.2 and R115.1 of the COE issued by the Institute, and being guilty of professional misconduct.

 

The respondent carried on his practice both as the sole proprietor of a firm and as one of the two practising directors of a Corporate Practice. On the renewal of his membership with the Institute and for the issuance of a practising certificate (“PC”), he filed an annual return (“Return”) for the year of 2021 in February 2021, declaring that he was not a bankrupt, nor had he become bankrupt. Acting on the representation, including the aforesaid declaration made by the respondent in the Return, his membership was renewed and a PC was issued to him.

 

It was subsequently discovered that a bankruptcy order (“BO”) was issued against the respondent by the High court in August 2020.

 

Having discovered the BO, the Institute cancelled the respondent’s PC in May 2021. As a result, his firm was removed from the Institute’s registration of firms, and the Corporate Practice was subsequently changed to a sole-practicing member corporate practice.
Order:

Reprimand

Removal from the register of CPAs for 18 months with effect from 3 February 2023

Penalty:

 -


Costs:
HK$55,630.50

Order and Reasons for Decision



30 December 2019

1. Tang Chung Wah

2. Lee Fung Ying, Alison 

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, and being guilty of professional misconduct and dishonourable conduct.

The respondents were joint and several liquidators of a private company. At the relevant time, they were also partners of a firm of certified public accountants that was later de-registered. In 2015, court orders were issued requiring the respondents to produce certain documents pertaining to the liquidation. Following the Respondents’ failure to comply with the orders in full, the court found them guilty of contempt of court in 2016. While the contempt was subsequently purged by the respondents, they were sentenced to pay a fine totalling HK$500,000 and a substantial portion of costs on an indemnity basis.

The 1st respondent appealed against the Disciplinary Committee’s decision. On 22 September 2022, the Court of Appeal handed down its judgement dismissing his appeal.

Order:
Reprimand

Penalty:
HK$50,000
(paid by each of the respondents)


Cost:
HK$283,730
(paid by the respondents jointly and severally)

Decision

Decision on sanctions and costs

 26 July 2022 Wong Yip Ming

 Press release:
 (ENG)
 (CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 240 The Auditor’s Responsibilities Relating to Fraud in an Audit of Financial Statements; HKSA 250 (Revised) Consideration of Laws and Regulations in an Audit of Financial Statements; HKSA 315 Understanding the Entity and Its Environment and Assessing the Risks of Material Misstatement; HKSA 500 Audit Evidence; HKSA 505 External Confirmations; Hong Kong Standard on Assurance Engagements 3000 (Revised) Assurance Engagements Other than Audits or Reviews of Historical Financial Information; Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements; Practice Note 810.1 (Revised) Licensed Insurance Broker Companies – Compliance with the Insurance (Financial and Other Requirements for Licensed Insurance Broker Companies) Rules; Practice Note 820 (Revised) The Audit of Licensed Corporations and Associated Entities of Intermediaries; and the fundamental principle of professional competence and due care in section R113.1 under Chapter A of the Code of Ethics for Professional Accountants, and being guilty of professional misconduct.


The respondent is practising in his own name with no staff. His practice was selected for its first practice review in November 2019. The reviewer identified various significant deficiencies in the practice’s quality control system and its completed audit and compliance reporting engagements. The respondent was responsible for the quality control system and the quality of his audit and compliance reporting engagements.

Order:
Reprimand

Cancellation of practising certificate with no issuance of a practising certificate for 4 months effective 6 September  2022

Penalty:
HK$
50,000

Costs:
HK$63,704

Order and Reasons for Decision
 23 May 2022 Wong Man Shan, Joyce

Press release:
(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply the fundamental principle of integrity under sections 100.5(a), 110.1 and 110.2 of the Code of Ethics for Professional Accountants, and being guilty of professional misconduct.

The respondent is a non-practising director of a practice. The practice was selected for its first practice review in 2019. The reviewer found that the respondent issued an accountant’s report on a solicitor’s firm under the Accountant’s Report Rules (Cap 159A) for the year ended 31 March 2018, although only limited compliance work had been done. Significant deficiencies were identified in 12 of the 15 required tests set out in the engagement programme. The multiple deficiencies in the test work and reckless issuance of the accountant’s report demonstrated blatant disregard of the requirements of the statutory compliance reporting engagement, and amounted to professional misconduct.
Order:
Reprimand

No issuance of a practising certificate for 12 months with effect from 4 July 2022

Penalty:
HK$
100,000

Costs:
HK$56,786

Order and Reasons for Decision



 23 May 2022

Yip Wai Wing

 

Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of integrity in sections 100.5(a), 110.1 and 110.2 (later amended as section 110.1A1(a) and subsections R111.1-2 of Chapter A) of the Code of Ethics for Professional Accountants (Code of Ethics), the fundamental principle of professional competence and due care in sections 100.5(c) and 130 (later amended as section 110.1A1(c) and subsection 113 of Chapter A) of the Code of Ethics, Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, Hong Kong Standard on Auditing (HKSA) 500 Audit Evidence, and HKSA 505 External Confirmations.

The respondent was the sole proprietor of a firm. In 2020, the Institute’s practice review on the firm found that the respondent reported false information in the self-assessment questionnaire, created working papers in reaction to the practice review, and issued audit reports in a large number of audit engagements in which he performed no or minimal audit work. In addition, the practice review found significant inadequacies in the firm’s quality controls over human resources, engagement performance and compliance with ethical requirements. Furthermore, the reviewers found significant deficiencies in two audit engagements of the firm that were selected for review.

Order:
Reprimand

Removal from the register of CPAs for 12 months and cancellation of practising certificate with effect from 4 July 2022

Penalty:
HK$
200,000

Costs:
HK$53,737

Order and Reasons for Decision
 10 May 2022

1.  Jimmy Siu 
2.  Yip Kai Yin
3.  Elite Partners CPA 

Limited


Press release:
(ENG)
(CHI)

Failure or neglect by the 1st and the 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.


The 3rd 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 March 2017. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer of the audit.

The Institute received a referral from the Financial Reporting Council (FRC) concerning deficient procedures carried out by the audit team on impairment assessment of the company’s interest in an associate. There was also inadequate engagement quality control review of the significant judgements made and conclusions reached by the audit team in the impairment assessment.
Order:
Reprimand


Penalty:
HK$500,000
(paid by the respondents jointly)

Costs:
HK$258,871.65

(including FRC costs)
(paid by the respondents jointly)

Order and Reasons for Decision

 
1  April  2022

 1.   Cheng Hong Cheung
 2.   Chan Shek Chi

 3.   Cheng & Cheng   

       Limited

 

Press release:
(ENG)
(CHI)
Failure or neglect by the 1st and the 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, HKSA 540 Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures and HKSA 620 Using the Work of an Auditor’s Expert. 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 expressed an unmodified auditor’s opinion on the consolidated financial statements of a Hong Kong listed company and its subsidiaries (collectively Group) for the year ended 31 December 2014. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer of the audit.

The Group acquired a business during the year and settled part of the purchase consideration by issuing the Company’s shares. Some of those shares were held in escrow and would be released to the vendors upon an agreed profit target being met. The Group recognised certain software and customer relationships acquired as intangible assets.

In the audit, the respondents failed to identify the Group’s incorrect accounting for the shares held in escrow as equity, when they should have been accounted for as a liability under Hong Kong Accounting Standard 32 Financial Instruments: Presentation. Furthermore, the Respondents failed to perform sufficient audit procedures to assess sales forecasts and certain other assumptions that supported the valuing of the shares and intangible assets.

Order:
Reprimand


Penalty:
1st respondent
HK$100,000

2nd respondent

HK$80,000

3rd respondent
HK$200,000

Costs:
HK$805,616

(including FRC costs)
(paid by the respondents jointly)

Order and Reasons for Decision
28 December 2018 Ng Kwok Ching, Jeremy

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

 

A follow-up practice review visit on the Respondent's practice found that he failed to address deficiencies identified in the initial practice review. The audit deficiencies related to obtaining evidence for a number of material items in the financial statements, obtaining management's representation letter and preparing documentation.

Order:

Reprimand

 

Cancellation of practising certificate with no issuance of a practising certificate for 12 months effective 18 May 2022

 
Penalty:

HK$50,000

 
Cost
:
HK$
55,000

 

Order and Reasons For Decision

7 April 2022

1.   Zenith CPA Limited

2.   Cheng Po Yuen

3.   Yam Wai Man


Press release:
(ENG)
(CHI)

Failure or neglect by the 1st and the 2nd 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 260 (Clarified) Communication with Those Charged with Governance; and HKSA 500 Audit Evidence. Failure or neglect by the 3rd respondent to observe, maintain or otherwise apply HKSA 220 (Clarified) Quality Control for an Audit of Financial Statements

The 1st respondent expressed unmodified auditor’s opinions on the consolidated financial statements of a Hong Kong listed company, and its subsidiaries for the financial years ended 30 April 2014 and 2015.  The 2nd respondent was the engagement director and the 3rd respondent was the engagement quality control reviewer of the audits.

There were deficiencies related to the audits of (i) assets and liabilities held for distribution to owners and discontinued operations; (ii) impairment assessment of available-for-sale investments; (iii) accounting for a convertible note; and (iv) impairment assessment of loans and accounts receivable and finance leases receivable.

Order:
Reprimand


Penalty:
1st respondent
HK$200,000

2nd respondent

HK$200,000

3rd respondent
HK$50,000

Costs:
HK$397,815

(including FRC costs)

Reasons for Decision

Decision on Sanctions and Costs
25 March 2022

1.  Chan Wai Dune,         

     Charles

2.  Teh Delores Eng-Hua

3.  Yau Hok Hung

4.  CCIF CPA Limited

Press release:
(ENG)
(CHI)

Failure or neglect by the 1st and the 4th respondents to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 200 Objectives and General Principles Governing an Audit of Financial Statements, HKSA 315 Understanding the Entity and Its Environment and Assessing the Risks of Material Misstatement, HKSA 330 The Auditor’s Procedures in Response to Assessed Risks and HKSA 500 Audit Evidence. Failure or neglect by the 2nd and the 4th respondents to observe, maintain or otherwise apply HKSA 200 (Revised) Objective and General Principles Governing an Audit of Financial Statements, HKSA 500 and HKSA 530 Audit Sampling and Other Means of Testing. Failure or neglect by the 3rd and the 4th respondents to observe, maintain or otherwise apply HKSA 200 (Revised), HKSA 230 Audit Documentation, HKSA 500 and HKSA 530.

The 4th respondent expressed unmodified auditor’s opinions on the consolidated financial statements of a Hong Kong listed company and its subsidiaries for each of the years ended 31 December 2005, 2006 and 2007. The 1st, 2nd and 3rd respondents were the

engagement directors of the 2005, 2006 and 2007 audits, respectively.


There were deficiencies found in one or more of the audits, which included failures to carry out audit planning and risk assessment on revenue, to properly evaluate evidence of revenue obtained from certain parties who had apparently acted only as agents for ultimate customers, and to assess the impact of the main customer’s recurring non-response to audit confirmation requests sent to it. In addition, the audit team failed to ensure the completeness of population of revenue from which samples were drawn for testing, and to adequately document certain audit procedures performed.



Order:

Reprimand

Penalty:
1st respondent
HK$200,000

2nd respondent

HK$150,000

3rd respondent 
HK$150,000

4th respondent
HK$300,000

Costs:
HK$493,881

(including FRC costs)

Decision

Decision and Order on Sanctions and Costs



 6 May 2020 Li Sau Ying

Press release:
(ENG)
(CHI) 

Failure or neglect to observe, maintain or otherwise apply
Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, 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, and guilty of professional misconduct.

The respondent operates a part-time practice in her own name. A first practice review of the practice in February 2018 identified multiple deficiencies in its quality control system, and the respondent’s adoption of a flawed audit methodology which demonstrated her lack of professional competence and due care.

In addition, the practice review found that the respondent had inappropriately issued unmodified auditor’s reports on certain financial statements when modified opinions should have been issued, and that she issued modified auditor’s reports on certain other financial statements in a deliberate attempt to avoid performing the necessary audit work. 

Order:
Cancellation of  practising certificate with no issuance of a practising certificate for 36 months effective 8 April 2022
 
Penalty:
-


Costs:
HK$150,000

Reasons for Decision


Decision on Sanctions and Costs

 
 9 March 2022 Chan Chung Mo

Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of integrity in section 100.5(a) and as elaborated under section 110 of the Code of Ethics for Professional Accountants (Code of Ethics), the fundamental principle of professional competence and due care in section 100.5(c) and as elaborated under section 130 of the Code of Ethics, Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, Hong Kong Standard on Auditing (HKSA) 220 Quality Control for an Audit of Financial Statements, HKSA 230 Audit Documentation, HKSA 240 The Auditor’s Responsibilities Relating to Fraud in an Audit of Financial Statements, 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 and HKSA 500 Audit Evidence, and being guilty of professional misconduct.

The respondent practices in his own name. An initial practice review in 2018 found deficiencies in the practice’s audit engagements and quality control system. In 2019, a follow-up practice review was conducted to evaluate if the respondent had appropriately addressed the findings. During that review, the reviewer found significant deficiencies in the practice’s audit engagements and monitoring review procedures in its quality control system again. Furthermore, the reviewer found that the respondent provided, as he had done in the initial practice review, an incomplete client list and false and misleading answers in the electronic self-assessment questionnaire.

Order:
Reprimand

Cancellation of  practising certificate with no issuance of a practising certificate for 18 months effective 20 April 2022

Penalty:
HK$50,000


Costs:
HK$64,727

Order and Reasons for Decision


 
 1 March 2022

 1.  Ang Wing Fung

 2.  Chan Kam Wah

Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of integrity in sections 100.5(a) and 110 of the Code of Ethics for professional accountants (Code of Ethics), and the fundamental principle of professional behaviour in sections 100.5(e), 150 and 300.6 of the Code of Ethics, and being guilty of professional misconduct.

W. Falcon Asset Management (Asia) Limited (Falcon) was a licenced corporation under the Securities and Futures Ordinance, which carried out regulated activities. In 2019, the Securities and Futures Commission (SFC) revoked the licence of Falcon due to its window-dressing of liquid capital and other failures, including providing the SFC with false or misleading information in its licence application and monthly financial returns.


The SFC also banned the 1st respondent, a former director of Falcon, and the 2nd respondent, a former chief financial officer and company secretary, from re-entering the financial industry for life and three years, respectively, in connection with their roles in window-dressing the liquid capital of Falcon. The SFC found that the 1st respondent was the mastermind of the window-dressing scheme, and its operation was facilitated by the 2nd respondent. In addition, the two respondents failed to notify the SFC of Falcon’s insufficient liquid capital, and the 1st respondent failed to notify the SFC of his resignation as a director of Falcon.

Order:
Reprimand

1st respondent

Permanent removal from the register of CPAs  with effect from 12 April 2022


2nd respondent
Removal from the register of CPAs for three years with effect from 12 April 2022

Penalty:
-

Costs:
HK$128,477
(paid by the respondents equally)

Order and Reasons for Decision
 18 February 2022 Hu Yi

Press release:
(ENG)
(CHI)
The respondent’s falsification of the examination results on two occasions demonstrated serious misconduct which renders him unfit to become a certified public accountant under by-law 34(1)(d) of the Professional Accountants By-Laws.

The respondent was registered as a student of the Institute’s Qualification Programme (QP). At the relevant time in 2019 and 2020, he was an audit senior of a CPA firm. In March 2020, the firm conducted spot checks on the examination results submitted by its staff members and found that the respondent had provided the firm with two falsified Examination Status Reports for the June and December 2019 QP examinations. The firm dismissed the respondent and reported the matter to the Institute.

Order:
Removal from the register of registered students with effect from 30 March 2022

Penalty:
-

Costs:
HK$55,465

Order and Reasons for Decision
 19 January 2022 Yeung Chun Wai, Anthony

Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of Professional Behaviour under section 100.5(e) and as elaborated in section 150.1 of the Code of Ethics for Professional Accountants, and being guilty of dishonourable conduct.


The respondent was the Chairman, Chief Executive Officer, and an Executive Director of a Hong Kong listed company. At the relevant times, he was entrusted with the management of the company’s securities investment business and was authorized to operate its securities account.

The Listing Committee of the Stock Exchange of Hong Kong Limited sanctioned the respondent in March 2020 for his conduct in relation to a number of material connected transactions of purchases and sales of Hong Kong listed shares, which were undertaken between him and the company between August 2015 to June 2017.

The respondent executed the transactions without the board of directors’ knowledge, and failed to obtain shareholders’ approval of some of the transactions as required under the Listing Rules. In addition, the respondent failed to ensure that information contained in certain announcements of the company about the transactions was accurate, complete and not misleading.
As a result, the respondent was in breach of the Listing Rules and his director’s undertakings.

Order:
Reprimand

Removal from the register of CPAs for 15 months with effect from 2 March 2022
 
Penalty:
-


Costs:
HK$58,386

Order and Reasons for Decision
 23 December 2021 Cheung Chun Bong

Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply
the fundamental principle of integrity in sections 100.5(a), 110.1 and 110.2 of the Code of Ethics for Professional Accountants, Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, Hong Kong Standard on Auditing (HKSA) 230 Audit Documentation, HKSA 500 Audit Evidence, and being guilty of professional misconduct.

The respondent practised in his own name and was responsible for his practice’s quality control system and the quality of its audit engagements. An initial practice review identified a number of deficiencies in the quality control system and audit engagements. In addition, the respondent was found to have created audit working papers and a self-monitoring review report on the quality control system in response to the practice review notification.

Order:
Reprimand


Cancellation of practising certificate, with no issuance of a practising certificate to him for 12 months with effect from 3 February 2022

Penalty:
HK$
100,000

Costs:
HK$43,285

Order and Reasons for Decision

 6 December 2021 Law Fei Shing

Press release:
(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 250 Consideration of Laws and Regulations in an Audit of Financial Statements, HKSA 701 Modifications to the Independent Auditor’s Report, section 270 Custody of Client Assets of the Code of Ethics for Professional Accountants (Code of Ethics) and the fundamental principle of professional competence and due care in section 100 of the Code of Ethics.

The respondent is the sole proprietor of a firm which audited the financial statements of a private company for the two years ended 31 March 2010 and 2011. He failed to:

 
(i)  obtain sufficient evidence to justify his concurrence with the 
     company’s adoption of the exemptions under section 141D of the
     then Companies Ordinance and the financial reporting standard
     for small and medium-sized entities as a basis of financial
     statement preparation, when the company’s holding of a
     subsidiary at the time would have disqualified it from the
     exemptions;

 

(ii) qualify his auditor’s opinion for a limitation of audit scope over
      provision for impairment loss on an investment;

 

(iii) obtain sufficient appropriate evidence to support his acceptance
       of the company’s a breach of statutory disclosure requirements
       applicable to
a charge over the company’s assets that was made
       to secure banking facilities granted to a director-controlled
       entity;

 

(iv) segregate funds transferred to him by a shareholder (who was
       also a director) of the company, and make adequate enquiries to
       ensure the transfer complied with relevant laws and regulations;
       and

 

(v)  maintain professional knowledge and skill at the level required
      to ensure the company received competent professional service.

 

 

Order:
Reprimand

Cancellation of practising certificate, with no issuance of a practising certificate to him for 15 months with effect from 14 January 2022

Penalty:
HK$160,000
 
Cost:
HK$4,943,123

Decision


Order 
 22 November 2021 1. Wong Ho Yuen, Gary

2. Chan Lap Chi

Press release:
(ENG)
(CHI)

Failure or neglect by the 1st respondent to observe, maintain or otherwise apply Hong Kong Standard Auditing (HKSA) 200 Overall Objectives of the Independent Auditor and the Conduct of an Audit in Accordance with Hong Kong Standards 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.

A practice review of the respondents’ practice identified significant deficiencies in its audit of a Hong Kong listed company and its subsidiaries for the year ended 31 December 2018. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer in the audit.

The deficiencies were in respect of audit procedures carried out on impairment assessment of intangible assets, which comprised technological know-how, a distribution vending system, and deferred development costs for patents.

Order:
Reprimand
 
Penalty:
1strespondent
HK$
100,000

2nd respondent
HK$50,000

 
Costs:
HK$104,394

Order and Reasons for Decision
 21 October 2021

Hui Mei Sum, Virginia Ann

Press release:
(ENG)
(CHI)

 

Failure or neglect to observe, maintain or otherwise apply the Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, Hong Kong Standard on Auditing (HKSA) 230 Audit Documentation, HKSA 500 Audit Evidence, HKSA 700 Forming an Opinion and Reporting on Financial Statements, HKSA 705 Modifications to the Opinion in the Independent Auditor’s Report, 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, and being guilty of professional misconduct.


The respondent is the sole director of a practice. An initial practice review conducted on the practice revealed a number of significant deficiencies in its quality control system, and in three audit engagements in which inadequate procedures were performed on sponsorship income, construction contracts and sales and administration expenses. The respondent also failed to deal with the implications of  a limitation of audit scope. Furthermore, the respondent was negligent in supervising her staff and managing the practice’s engagements, resulting in multiple submissions of inaccurate client lists of the practice during the practice review.

Order:
Reprimand

Cancellation of practising certificate, with no issuance of a practising certificate to her for 6 months with effect from 2 December 2021

Penalty:
-
 
Cost:

HK$141,811

Order and Reasons for Decision
 6 September 2021

Mok Ching Ho


Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of integrity in sections 100.5(a), 110.1 and 110.2 of the Code of Ethics for Professional Accountants (Code of Ethics), the fundamental principle of professional competence and due care in sections 100.5(c) and 130.1 of the Code of Ethics, Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, and being guilty of professional misconduct.

Mok was practising in his own name. A first practice review of the practice identified significant deficiencies in a number of its audit engagements. There was no evidence of necessary audit procedures performed in key areas including purchases and sales, existence and valuation of inventories, and validity of expenses. In addition, Mok failed to make sure his practice had sufficient staff resources and adequate policies and procedures for quality control. Further, for most of the practice’s portfolio of 258 clients in the period covered by the review, Mok performed little or no audit work before issuing the audit reports. He also created audit working papers and made misleading representations to the reviewer in an attempt to give a false impression that the audits had been properly conducted.

Order:
Removal from the register of CPAs for four years with effect from 18 October 2021

Penalty:
HK$80,000
 
Costs:

HK$73,630

Order and Reasons for Decisions

 31  August 2021  1.   Lin Ching Yee, Daniel
 2.   Kwong Kam Wing,   
       Kelvin

Press release:
(ENG)
(CHI)
Failure or neglect by the 1st respondent to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 230 Audit Documentation, HKSA 315 Understanding the Entity and Its Environment and Assessing the Risks of Material Misstatement, HKSA 330 The Auditor’s Responses to Assessed Risks, HKSA 450 Evaluation of Misstatements Identified during the Audit, HKSA 500 Audit Evidence, HKSA 530 Audit Sampling and Other Means of Testing (and its subsequent revised version entitled Audit Sampling), and HKSA 540 Audit of Accounting Estimates (and its subsequent revised version entitled 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 Audits of Historical Financial Information (and its subsequent revised version entitled Quality Control for an Audit of Financial Statements).

The respondents were partners of two firms that have since been de-registered. The two firms expressed unmodified auditor’s opinions on the consolidated financial statements of a Hong Kong listed company (Company) and its subsidiaries (collectively Group) for the years ended 31 March 2010 and 31 March 2011. The 1st respondent was the engagement partner and the 2nd respondent was the engagement quality control reviewer of the audits.

The Institute received referrals from the Financial Reporting Council (FRC) about deficiencies in the audits. For both years, the audit team failed to perform sufficient audit procedures and prepare adequate documentation in relation to provision for inventories and revenue from sales of goods. Further, the audit team failed in the 2011 audit to obtain sufficient evidence and prepare adequate documentation on revenue from contract variations and claims and relevant expenses, and on share-based payments made to the Group’s personnel.


Order:
Reprimand


Penalty:
1st respondent
HK$200,000

2nd respondent
HK$100,000
 

Costs:
HK$3,635,673.70

(including FRC costs)

Order and Reasons for Decision
 12 August 2021

1.  KPMG

2.  Yu Yuk Ping, June

3.  Yu Wai Sum


Press release:
(ENG)
(CHI) 

(i) Failure or neglect by the 1st  and 2nd respondents to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 200 Objective and General Principles Governing an Audit of Financial Statements, HKSA 230 Audit Documentation, HKSA 240 The Auditor’s Responsibilities to Consider Fraud in an Audit of Financial Statements, HKSA 500 Audit Evidence, HKSA 505 External Confirmations, HKSA 520 Analytical Procedures and HKSA 530 Audit Sampling and Other Means of Testing; (ii) Failure or neglect by the 1st and 3rd respondents to observe, maintain or otherwise apply HKSA 500 Audit Evidence, HKSA 505 External Confirmations and HKSA 530 Audit Sampling and Other Means of Testing.

The 1st respondent was the reporting accountant for a company in 2009, and in that capacity, audited the financial information of the company and its subsidiaries (together Group) for the years ended 31 December 2006, 2007, 2008 and the six months ended 30 June 2009 (IPO Engagement).  The 1st Respondent also audited the Group’s financial statements for the year ended 31 December 2009 (2009 Audit). The 2nd and 3rd respondents were the engagement partners for the IPO Engagement and the 2009 Audit respectively. The Group was engaged in purchasing and planting forests and related businesses.

The Institute received a referral from the Financial Reporting Council (FRC) about irregularities in the IPO Engagement and 2009 Audit. There were deficiencies in the evidence obtained and documentation compiled in the IPO Engagement in respect of the reliability of logging permits, existence of certain customers, completeness of sales, occurrence and completeness of expenses for logging activities, existence and ownership of plantation assets, and effectiveness of the Group’s controls over cash and cash equivalents. For the 2009 audit, deficiencies were found in the evidence obtained on the completeness of sales, and existence and ownership of plantation assets.

Order:
Reprimand

Penalty:
1st respondent
HK$500,000

2nd respondent

HK$300,000

3rd respondent

HK$200,000 

Costs:
HK$5,000,000
(including FRC costs)

Decision


Decision on Sanctions and Costs




 18 June 2021 Leung Wah

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, Hong Kong Standard on Auditing (HKSA) 300 Planning an Audit of Financial Statements, HKSA 315 Identifying and Assessing the Risks of Material Misstatement through Understanding the Entity and Its Environment, HKSA 500 Audit Evidence, HKSA 700 Forming an Opinion and Reporting on Financial Statements and Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, and being guilty of professional misconduct.

The respondent was the sole practitioner of a de-registered firm and the managing director of a corporate practice. The practices shared the same quality control system, audit methodology and staff resources. The respondent was responsible for the quality control system of the practices. An initial practice review conducted on the practices revealed a number of deficiencies both in the practices’ quality control system and the firm’s audit and compliance engagements.
 

Order:
Reprimand

Practising certificate be cancelled and no practising certificate shall be issued for 10 months

Penalty:
-
 
Costs:
HK$111,134

Order and Reasons for Decision

 

Corrigendum

 28 May 2021 Han Heli

Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of integrity under sections 110.1 A1(a), R110.2, and R111.2 under Chapter A of the Code of Ethics for Professional Accountants.

The respondent provided copies of two medical certificates purportedly issued by a hospital in support of her sick leave applications to her employer. The employer subsequently discovered that the medical certificates were not issued by the hospital and the respondent had not attended the hospital or any of its polyclinics. The employer referred the matter to the Institute. The respondent was not very cooperative with the Institute during its investigation.

Order:
Removal from the register of CPAs for five years with effect from 9 July 2021

Penalty:
-
 
Costs:
HK$44,590

Decision on Sanctions and Costs


 13 May 2021 Kwok Chi Sun, Vincent

Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of integrity in sections 100.5(a), 110.1 and 110.2 of the Code of Ethics for Professional Accountants (Code of Ethics), the fundamental principle of professional competence and due care in sections 100.5(c) and 130.1 of the Code of Ethics and Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, and being guilty of professional misconduct.

The respondent was the sole proprietor of a practice and was responsible for the practice’s quality control system and the quality of its audit engagements. A practice review was conducted on the practice in December 2018, which revealed significant deficiencies both in the quality control system and in a number of audit engagements. Furthermore, the practice reviewer found that the respondent had created certain audit documents for the practice review. Those audit documents were created after the audits had been completed and the relevant file assembly periods had passed.
Order:
Reprimand

Practising certificate be cancelled and no practising certificate shall be issued for 6 months

Penalty:
HK$100,000

Costs:
HK$69,464

Order and Reasons for Decision

 11 May 2021

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 (EQCR) for the audit of the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 December 2014, and the audit of the company’s balance sheet as at that date.


There were audit deficiencies in the impairment review of significant amounts due by certain subsidiaries and on two convertible bonds issued by the listed group to settle certain existing liabilities. As EQCR, the respondent failed to adequately evaluate the audit team’s judgements and conclusions reached in those areas.

 

Order:
Reprimand


Penalty:
HK$150,000
 
Costs:
HK$100,222

(including FRC costs)

Reasons for Sanctions and Order

Corrigendum

 29 April 2021

1. KPMG

2. Fung Kwong Ming

3. Wong Sau Ling

4. Tse Hau Yin, Aloysius

 
Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply Statement of Auditing Standards (SAS) 100 Objective and General Principles Governing an Audit of Financial Statements, SAS 230 Audit Documentation, SAS 300 Audit Risk Assessments and Accounting and Internal Control Systems, SAS 400 Audit Evidence, SAS 440 Representations by Management and SAS 460 Related Parties.


The 1st respondent expressed unqualified auditor’s opinions on the financial statements of a Hong Kong listed company and its subsidiaries for the three years ended 31 March 1999, 2000 and 2001. The 2nd respondent was the engagement partner in the 1999 audit and the 3rd respondent was the engagement partner in the 2000 and 2001 audits. The 4th respondent was the concurring review partner in the audits for the three years.

Audit deficiencies were found in the areas of the listed group’s prepayment of subcontracting charges, trade receivables, other receivables and PRC tax exposures.

Order:
Reprimand

Penalty:

1st respondent
HK$400,000

2nd respondent
HK$100,000

3rd respondent
HK$150,000

4th respondent
HK$50,000


Cost:
HK$215,672
(paid by the four respondents jointly and severally.)

Order and Reasons for Decision
 28 April 2021

1.  Hsu Yuk King, Mercedes

2.  Kwong Kam Kwan, Alex


Press release:
(ENG)
(CHI)

 

 

Failure or neglect by the 1st respondent to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 500 Audit Evidence and HKSA 230 Audit Documentation. Failure or neglect by the 2nd respondent to observe, maintain or otherwise apply HKSA 220 Quality Control for an Audit of Financial Statements. 

The 1st respondent was the engagement director, and the 2nd respondent the engagement quality control reviewer, in an audit carried out by a practice on the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 March 2017. The audit was selected for review in 2018 as part of the Institute’s practice review.

The practice review identified significant audit deficiencies relating to impairment assessment of cash-generating units and the associated goodwill, valuation of biological assets, accounting treatment of the issuing costs and effective interest of certain bonds, and distribution expenses. The review also identified an ineffective engagement quality control review in the above audit areas. In addition, certain working papers shown to the reviewer during the practice review were not included in the originally assembled audit files.

Order:
Reprimand

Penalty:
1st Respondent
HK$150,000

2nd Respondent

HK$80,000

Costs:
1st Respondent
HK$63,141

2nd Respondent
HK$32,715

Order and Reasons for Decision



 31 March 2021 Yu Kung Shing

Press release:
(ENG)
(CHI) 
Failure or neglect to observe, maintain or otherwise apply the fundamental principle of integrity in sections 100.5(a), 110.1 and 110.2 of the Code of Ethics for Professional Accountants (Code of Ethics), the fundamental principle of professional competence and due care in sections 100.5(c) and 130.1 of the Code of Ethics and Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, and being guilty of professional misconduct.

The respondent is the sole proprietor of a practice. The first practice review conducted on the practice identified significant deficiencies in its system of quality control and in a number of its audit engagements. In addition, the respondent was found to have provided untrue answers in the self-assessment questionnaire, made false representations to the practice reviewer and retrospectively created documents in an attempt to support his false representations.

Order:
Reprimand

Practising certificate be cancelled and no practising certificate shall be issued for 24 months


Penalty:
-
 
Costs:
HK$55,331.50

Order and Reasons for Decision

Corrigendum
 31 March 2021  1.    Yu Kung Shing
 2.    K. S. Yu & Co.

Press release:
(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 500 Audit Evidence and HKSA 230 Audit Documentation

The 1st respondent is the sole proprietor of the 2nd respondent that was the auditor of a private company limited by guarantee. The 1st respondent issued unmodified audit opinion on the financial statements of the company for each of the four financial years ended 31 December 2013 to 2016. In carrying out the audits, the respondents failed to design and perform audit procedures to obtain sufficient appropriate evidence and prepare sufficient audit documentation to support their assessment of the existence and recoverability of the amounts due from executive committee members of the company. Furthermore, the respondents failed to prepare sufficient audit documentation to support their audit conclusions on salary expenses. 
Order:
Reprimand

Penalty:
HK$50,000
 
Costs:
HK$72,892.50

Order and Reasons for Decision
 16 March 2021 Chiang Sin Mei, Cindy


Press release:
(ENG)
(CHI)

Guilty of professional misconduct and dishonourable conduct.

The respondent was a CPA practising full-time in her own name. The Institute was unable to carry out a practice review on her due to her continuous non-cooperation and failure to submit documents required for the review. Copies of a
Practice Review Committee direction mailed to her registered addresses were all returned unclaimed. The respondent’s failure to maintain a valid registered office address as required under section 31(1) of the Professional Accountants Ordinance would amount to a criminal offence. 

Order:

Reprimand


Removal from the register of CPAs for three years with effect from 27 April 2021

Penalty:

-
 
Costs:
HK$66,051.50

Order and Reasons for Decision

 12 March 2021

Chui Yiu Hang

Press release:
(ENG)
(CHI) 
Guilty of dishonourable conduct.


The respondent
was convicted in the Magistrates’ Court in June 2019 of the offence of committing an act outraging public decency. He was sentenced to imprisonment.

Order:
Removal from the register of CPAs for 12 months with effect from 23 April 2021

Penalty:
-
 
Costs:
HK$29,178

Order and Reasons for Decision


 5 February 2021

Chung Chi Hang


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 230 Audit Documentation, 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, HKSA 505 External Confirmations 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 five private companies for the year/period ended 31 December 2017 and expressed an unmodified auditor’s opinion in each of those audits. Deficiencies were found in the audit procedures performed in verifying revenue and costs, accepting bank confirmations, and following up on a lack of response to confirmation requests sent to the companies’ customers and suppliers.

Order:

Reprimand

No practising certificate shall be issued for 12 months

Penalty:
-

Costs:

HK$107,443

Extract of Reasons and Order

Corrigendum

 30 December 2020 Yu Ching Hoi

Press release:
(ENG)
(CHI) 
Failure or neglect to observe, maintain or otherwise apply (i) the fundamental principle of integrity in sections 100.5(a), 110.1 and 110.2 of the Code of Ethics for Professional Accountants (Code of Ethics); (ii) the fundamental principle of professional competence and due care in sections 100.5(c) and 130.1 of the Code of Ethics; and (iii) Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, and being guilty of professional misconduct.

The respondent is the sole proprietor of a practice. He is responsible for the practice‘s quality control system and the quality of its audit engagements. In 2015, the practice was subject to an initial practice review which identified deficiencies in its quality control system and an audit engagement selected for review.

A follow-up practice review carried out in 2017 found a number of deficiencies, some of which were the same as or similar to those found at the initial review. The deficiencies concerned audit procedures performed on turnover, expenses and accounts receivable, and the respondent’s failure to evaluate the impact of a repeated audit scope limitation on the practice's acceptance of reappointment as auditor. In addition, the respondent failed to establish and maintain an adequate system of quality control to address effective monitoring, independence threats arising from the practice’s provision of accounting services to audit clients, client acceptance and continuance, and engagement performance. Further, in the self-assessment questionnaire that the respondent submitted for the practice review, he provided false or misleading answers on the quality control policies and procedures of the practice.

Order:

Reprimand

Practising certificate be cancelled and no practising certificate shall be issued for 20 months

Penalty:
HK$50,000
 
Costs:
HK$164,448

Reasons for Decision

Decision on Sanctions and Costs

 22 December 2020

1. Zenith CPA Limited

2. Cheng Po Yuen

3. Keung Yee Man

Press release:
(ENG)
(CHI) 
Failure or neglect by the 1st respondent to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 230 Audit Documentation, HKSA 500 Audit Evidence, HKSA 510 Initial Audit Engagements-Opening Balances, HKSA 570 Going Concern and HKSA 710 Comparative Information-Corresponding Figures and Comparative Financial Statements. Failure or neglect by the 2nd and 3rd 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 1st respondent audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 March 2011. The 2nd respondent was the engagement director and the 3rd respondent was the engagement quality control reviewer.

The Institute received referrals from the Financial Reporting Council about deficiencies in the audit. The audit team failed to perform sufficient audit procedures and prepare adequate documentation in relation to the classification, recognition and measurement of certain convertible bonds and notes, convertible cumulative preference shares and share options. There were also deficiencies in audit procedures and documentation regarding the accounting treatment of a subsidiary in which the company’s equity interest was below 50%, the preferred shares issued by the subsidiary and the related cumulative dividends.  In addition, the audit procedures and documentation on assessing the Group’s ability to continue as a going concern were inadequate.


Order:
1st Respondent &
2nd Respondent

Reprimand


Penalty:
1st Respondent

HK$150,000

2nd Respondent
HK$150,000

3rd Respondent
HK$10,000

Costs:
HK$225,000
(including FRC costs) paid by the three respondents equally

Extract of Reasons and Order
 20 November 2020

Kwok Kam Piu

 

Press release:
(ENG)
(CHI)

The respondent audited a private company’s financial statements for two consecutive years. He failed to obtain sufficient appropriate evidence, perform adequate risk assessment and prepare adequate documentation in a number of audit areas.  Those areas were the company’s balances with its directors and shareholders, management fee expense, related party transactions, and a material amount of dividends paid. The audit deficiencies demonstrated the respondent’s failure to exercise adequate professional skepticism, maintain the required level of professional knowledge and skill, and act diligently and in accordance with applicable professional standards.



Order:

Reprimand


Penalty:
HK$50,000

Costs:

HK$116,962

 

Extract of Reasons and Order

 27 October 2020 Wong Wang Tai, Ivan

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, HKSA 540 Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures; and 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.

In April 2019, the Institute completed a practice review on a corporate practice that is now de-registered. The review covered the practice’s audit of the 2017 consolidated financial statements of a Hong Kong listed company and its subsidiaries. Wong was the engagement director of the audit.  The practice review found significant audit deficiencies relating to the valuations of an investment in an associate acquired, convertible notes issued as consideration for the acquisition, and certain share options granted by the company.

Order:
Reprimand


Penalty:
HK$80,000

Costs:
HK$89,386
 
Extract of Reasons and Order

 27 October 2020 Ng Ka Hong

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 Institute completed a practice review on a corporate practice that is now de-registered. The review covered the practice’s audit of the 2017 consolidated financial statements of a Hong Kong listed company and its subsidiaries. Ng was the engagement quality control reviewer of the audit.

The practice review found significant audit deficiencies relating to the valuations of an investment in an associate acquired and convertible notes issued as consideration for the acquisition.  Ng failed to adequately evaluate the audit team’s judgements and conclusions in those areas and review selected audit documentation, as required under Hong Kong Standard on Auditing 220 Quality Control for an Audit of Financial Statements.


Order:
Reprimand

Penalty:
HK$120,000

Costs:
HK$39,004

Extract of Reasons and Order

 16 September 2020 Wong Man Ki

Press release:
(ENG)
(CHI)
Failure or neglect, without reasonable excuse, to comply with a direction issued by the Practice Review Committee (PRC) under section 32F(2)(b) of the Professional Accountants Ordinance.

The respondent had been practising in her own name on a part-time basis and was subject to a practice review. The practice reviewer made numerous attempts to obtain information from the respondent for the purpose of the review. However, the respondent refused to provide the information requested.

Subsequently, the PRC issued a direction under section 32F(2)(b) of the Ordinance to the respondent requiring her to cooperate with the Institute to facilitate a practice review and provide certain information for the review. The respondent did not comply with the direction. 
Order:
Reprimand

Cancellation of practising certificate and removal from the register of CPAs for three years with effect from 28 October 2020

Penalty:
HK$30,000

Costs:
HK$55,105

Extract of Reasons and Order
 24 August 2020

1. Wong On Yee

2. CWC CPA Limited

 

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 230 Audit Documentation, HKSA 500 Audit Evidence, HKSA 560 Subsequent Events and Hong Kong Standard on Assurance Engagements 3000 Assurance Engagements Other than Audits or Reviews of Historical Financial Information. Refusal or neglect to comply with the Corporate Practices (Registration) Rules. Further, the respondents have been guilty of professional misconduct.

The respondents were the auditor of a licensed corporation under the Securities and Futures Ordinance for each of the three years ended 31 March 2015 to 2017. The 2nd respondent expressed unmodified auditor’s opinions on the company’s financial statements for each of the three years, and unqualified conclusions on the compliance reports on the company for each of the three years. The 1st respondent was the engagement director in those audit and compliance reporting engagements.

There were various deficiencies identified in the audit and compliance reporting engagements throughout the three years in question.

Order:

Reprimand

1st Respondent

Practising certificate be cancelled and no practising certificate shall be issued for 12 months

Penalty:

HK$200,000 (paid by the two respondents jointly)

Costs:


HK$73,428 (paid by the two respondents jointly)

Extract of Reasons and Order

 21 August 2020 Lo Yip Tong

Press release:
(ENG)
(CHI)
Failure or neglect, without reasonable excuse, to comply with a direction issued by the Practice Review Committee (PRC) under section 32F(2)(b) of the PAO, and breach of the fundamental principle of integrity in sections 100.5(a) and 110 of the Code of Ethics for Professional Accountants.

The respondent’s practice was subject to a follow-up practice review. The PRC issued a direction requiring him to provide the necessary information to enable the practice review to be conducted. The respondent failed to comply with the PRC’s direction, claiming falsely that his office was in disarray after typhoon devastation. As a result, the follow-up practice review could not be conducted.

Order:
Removal from the register of CPAs for one year with effect from 5 October 2020 

Penalty:
-

Cost:
HK$
64,012

 

Extract of Reasons and Order

 18 June 2019 Ng Ka Kuen

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, and Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements.

Ng was the sole practising director of a CPA practice and was responsible for its quality control system. The practice was selected by the Institute for practice review in 2016.

Multiple breaches of auditing standards were found in two audit engagements selected for the review. The breaches show that Ng did not carry out the audits with the level of professional competence and due care expected of him.  In addition, the breaches show that the practice failed to have an adequate system of quality control to ensure that it had appropriate human resources to uphold audit quality and that it performed audit engagements in accordance with professional standards.

Order:

Reprimand

Practising certificate be cancelled and no practising certificate shall be issued for 16 months 

Penalty:
-
 
Costs:
HK$52,977
 
Extract of Reasons and Order
 22 June 2020 Wong Tam Yee

 Press release:
(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply the fundamental principles of (i) integrity under sections 100.5(a), 110.1 and 110.2(a) of the Code of Ethics for Professional Accountants and (ii) professional behaviour under sections 100.5(e) and 150.1 of the Code of Ethics; and being guilty of professional misconduct.

The respondent was the sole director and shareholder of a foreign private company, which was holding shares of two Hong Kong listed companies with a market value of HK$146 million. He facilitated sale of the shares at a substantial discount, under terms that were unfavorable to the company. Also, in the sold notes for the shares, he falsely stated that the shares were sold for full market value and that the consideration had been received.
Order:
Removal from the register of CPAs for two years with effect from 21 August 2020 

Penalty:
-
 
Costs:
HK$128,202

Decision


Decision on sanctions and costs


22 May 2020

1. Fung Pui Cheung

2. Lee Ping Kai

3. Pan-China (H.K.) 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) 200 Overall Objectives of the Independent Auditor and the Conduct of an Audit in Accordance with Hong Kong Standards on Auditing, HKSA 240 The Auditor’s Responsibilities Relating to Fraud in an Audit of Financial Statements, HKSA 500 Audit Evidence and HKSA 550 Related Parties. Failure or neglect by the 2nd and 3rd respondents to observe, maintain or otherwise apply HKSA 200, HKSA 500 and HKSA 705 Modifications to the Opinion in the Independent Auditor’s Report.

The 3rd respondent audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the years ended 31 March 2011 and 2012. The 1st respondent was the engagement director in 2011 and the 2nd respondent was the engagement director in 2012.

The respondents failed to perform sufficient audit procedures regarding the group’s accounting treatment of a construction contract and fees paid for consultancy services. The 1st and 3rd respondents also failed to maintain adequate professional skepticism and perform sufficient audit procedures regarding significant advances made by the group to third-parties.
Order:

Reprimand

Penalty:

1st Respondent
HK$220,000

2nd Respondent
HK$150,000

3rd Respondent
HK$400,000

Costs:
HK$234,018
(including FRC costs) paid by the three respondents jointly
 
Extract of Reasons and Order
22 May 2020 Ko Chiu Wan, Eric

Press release:
(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply 

Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, Hong Kong Standard on Auditing (HKSA) 500 Audit Evidence, HKSA 705 Modifications to the Opinion in the Independent Auditor’s Report,section 410.52 of the Code of Ethics for Professional Accountants (Code of Ethics), and the fundamental principle of professional competence and due care in sections 100.5(c) and 130.1 of the Code of Ethics.

The Institute conducted a follow-up practice review on the respondent’s sole proprietor practice. The review revealed that a number of deficiencies identified in the initial practice review had not been appropriately addressed. It also identified new significant audit deficiencies. The findings reflected the respondent’s failure to maintain an adequate quality control system for the practice, and raised concerns about the quality of the practice’s audit engagements and the professional competence of the respondent.

Order:
Reprimand


Practising certificate be cancelled and no practising certificate shall be issued for 15 months 

Penalty:
-


Cost:
HK$
44,514
 
Extract of Reasons and Order
9 December 2019

1. Yip Kai Yin

2. Ng Man Chung, Siman

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) 500 Audit Evidence, HKSA 510 Initial Audit Engagements – Opening Balances, HKSA 540 Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures and HKSA 710 Comparative Information – Corresponding Figures and Comparative 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. Further, the Respondents were guilty of professional misconduct.

The 3rd respondent was newly appointed as auditor which expressed an unmodified auditor’s opinion on the consolidated financial statements of a listed group for the year ended 30 June 2012. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer.

The listed group undertook an acquisition in the previous year and the consideration paid would be adjusted if the guaranteed level of profits was not achieved.  The Respondents failed to identify that the consideration adjustment had not been accounted for as a contingent consideration in accordance with relevant accounting requirements. Further, they failed to identify that the group had wrongly treated the consideration adjustment as a cash flow item and wrongly recognized it in the financial year after the one in which the relevant profit shortfall arose. 
Order:

Reprimand

1st Respondent
Practising certificate be cancelled and no practising certificate shall be issued for nine months

2nd Respondent
Practising certificate be cancelled and no practising certificate shall be issued for six months

Penalty:
1st Respondent
HK$50,000

2nd Respondent
HK$50,000

3rd Respondent
HK$100,000

Costs:
HK$247,577.10
(including FRC costs)(jointly paid by the respondents) 
 
Extract of Reasons and Order


Costs order

 25 April 2020

1. Yuen Suk Ching

2. Leung Tai Keung

Press release:
(ENG)
(CHI) 
Failure or neglect by the 1st respondent to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 200 Objective and General Principles Governing an Audit of Financial Statements, HKSA 230 Audit Documentation, HKSA 240 The Auditor’s Responsibilities to Consider Fraud in an Audit of Financial Statements, HKSA 300 Planning an Audit of Financial Statements, HKSA 315 Understanding the Entity and its Environment and Assessing the Risks of Material Misstatement, HKSA 500 Audit Evidence, HKSA 520 Analytical Procedures, HKSA 550 Related Parties and HKSA 700 The Independent Auditor’s Report on a Complete Set of General Purpose Financial Statements. Failure or neglect by the 2nd respondent to observe, maintain or otherwise apply HKSA 220 Quality Control for Audits of Historical Financial Information and HKSA 230. Further, both respondents were guilty of professional misconduct.

The respondents were partners of a deregistered firm which audited the consolidated financial statements of a Hong Kong listed group for the years ended 30 June 2008 to 2010. The 1st respondent was the engagement partner and the 2nd respondent was the engagement quality control reviewer.

The respondents failed to conduct the audits with an attitude of professional skepticism in circumstances that indicated a heightened risk of irregularities. This resulted in significant deficiencies in audit procedures performed on revenue and on transactions and balances with suppliers and a major customer.
Order:

1st Respondent
Practising certificate be cancelled and no practising certificate shall be issued for 36 months

2nd Respondent
Reprimand

Payment of penalty of HK$100,000

Costs:
HK$350,000
(including FRC costs) paid by the two respondents jointly
 
Reasons for Decision

Decision on sanctions and costs
 8 April 2020  Lo Hung Yan

Press release:
(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply 

the fundamental principles of integrity, and professional competence and due care in sections 100.5(a), 100.5(c), 110.2 and 130.1 of the Code of Ethics for Professional Accountants; Hong Kong Standard on Assurance Engagements 3000 (Revised) Assurance Engagements Other than Audits or Reviews of Historical Financial Information and Related Conforming Amendments; Hong Kong Standard on Auditing (“HKSA”) 500 Audit Evidence, HKSA 600 Special Consideration - Audits of Group Financial Statements (Including the Work of Component Auditors), HKSA 700 Forming an Opinion and Reporting on Financial Statements; and Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements.

The respondent was the former managing director of the practice and responsible for its quality control system. A practice review of the practice found that the respondent colluded with a client to backdate an auditor’s report in order to mislead the Inland Revenue Department.

The practice review also revealed multiple deficiencies in the assurance and audit engagements carried out on an insurance broker and two other private companies. Those deficiencies demonstrated that the respondent failed to ensure the practice had established and maintained a quality control system. They also cast serious doubts on the respondent’s ability to maintain the level of professional competence and due care expected of him.
Order:

Reprimand

Practising certificate be cancelled and no practising certificate shall be issued for 24 months

Penalty:
HK$70,000
 
Costs:
HK$
67,776
 
Extract of Reasons and Order
 4 February 2020

Law Kwong Wah

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 240 The Auditor’s Responsibilities Relating to Fraud in an Audit of Financial Statements; and HKSA 500 Audit Evidence;  Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements; and 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 Institute completed a practice review on a practice of which the respondent was the sole proprietor. The review identified significant deficiencies in the practice’s quality control system and two audit engagements reviewed by the practice reviewer.

Order:

Reprimand

No practising certificate shall be issued for 18 months

Penalty:
HK$50,000
 
Costs:
HK$
51,785
 
Extract of Reasons and Order
 4 February 2020

Hu Chiu Lun, Alan

Press release:
(ENG)
(CHI) 
Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, the fundamental principle of integrity in sections 100.5(a), 110.1 and 110.2 of the Code of Ethics for Professional Accountants, and the fundamental principle of professional competence and due care in sections 100.5(c) and 130.1 of the Code, and being guilty of professional misconduct.

The respondent was practising in his own name and was responsible for his practice’s quality control system and the quality of its audit engagements.

In a follow-up practice review, the reviewer found that the practice failed to rectify the deficiencies previously identified in the first practice review. Significant deficiencies were also found in procedures conducted on revenue recognition, external confirmations and forming the auditor’s opinion in the practice’s audit of a private company. In addition, the respondent knowingly misrepresented to the reviewer that certain working papers were prepared, and documented procedures performed, before the auditor’s report was issued.

Order:

Reprimand

Practising certificate be cancelled and no practising certificate shall be issued for 22 months

Penalty:
HK$30,000
 
Costs:
HK$
30,000
 
Extract of Reasons and Order
 23 December 2019  Chik Wing Kan, Peter


Press release:
(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, the fundamental principle of integrity in sections 100.5(a), 110.1 and 110.2 of the Code of Ethics for Professional Accountants, the fundamental principle of professional competence and due care in sections 100.5(c) and 130.1 of the Code and being guilty of professional misconduct.

The respondent is the sole shareholder of a practice and is responsible for the practice’s quality control system and the quality of its audit engagements. A first practice review conducted on the practice identified significant deficiencies in its system of quality control and in two of its audit engagements. In addition, the respondent falsely or recklessly provided untrue answers in the self-assessment questionnaire and “Audit Health Screening Checklist” submitted to the Institute in relation to practice review. 
Order:

Reprimand

Practising certificate be cancelled and no practising certificate shall be issued for 15 months

Penalty:
HK$50,000
 
Costs:
HK$
41,802
 
Extract of Reasons and Order
14 November 2019 1.Chan Kwok Tung, Gordon
2.Gordon Chan & Company Certified Public Accountants

Press release:
(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 210 Agreeing the Terms of Audit Engagements, HKSA 500 Audit Evidence, HKSA 580 Written Representations, HKSA 700 Forming an Opinion and Reporting on Financial Statements and sections 100.5(c) and 130 of the Code of Ethics for Professional Accountants.

The 1st respondent is the sole proprietor of the 2nd respondent which audited the financial statements of three private companies for two years. There were a number of audit deficiencies identified in the areas of failure to agree the terms of the engagements with the companies’ management, the audit procedures conducted on bank confirmations and income statements, failure to obtain written representations from management and failure to state the date in two of their auditor’s reports.
Order:
Reprimand
 
Penalty:
HK$80,000 (paid by the two respondents jointly)
 
Costs:
HK$31,931
(paid by the two respondents jointly)
  
Extract of Reasons and Order
 
4 November 2019  1. Chan Mei Mei

2. Ho Yiu Hang, Ricky

3. Asian Alliance (HK) CPA Limited

Press release:
(ENG)
(CHI)
Failure or neglect by the 1st respondent and the 3rd respondent 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 230 Audit Documentation, 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, HKSA 540 Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures 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. 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 the Code of Ethics for Professional Accountants.

The 3rd respondent audited the consolidated financial statements of a listed Group for the years ended 30 June 2011 and 2012. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer.

The respondents failed to identify incorrect classification and measurement of a contingent consideration payable by the Group in one of its acquisitions. In addition, the Respondents failed to perform sufficient audit procedures and prepare adequate documentation in respect of assessing impairment of goodwill and intangible assets arising from the Group’s acquisitions.

Order:

Reprimand

1st Respondent
Practising certificate be cancelled and no practising certificate shall be issued for 36 months

2nd Respondent
Practising certificate be cancelled and no practising certificate shall be issued for 24 months

Penalty:
1st Respondent
HK$150,000

2nd Respondent

HK$110,000

3rd Respondent

HK$200,000

Costs:
HK$466,869.60
(including FRC costs) (paid by the three respondents jointly)
 
Extract of Reasons and Order
 23 October 2019

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 the Code of Ethics for Professional Accountants, Hong Kong Standard on Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements, 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, and being guilty of professional misconduct.

The respondent is the sole shareholder of a corporate practice. A first practice review of his practice identified a number of significant deficiencies in its system of quality control. The respondent also failed to maintain professional knowledge and skill at the required level, and to comply with professional standards, in a number of audit and assurance engagements examined by the practice reviewer.

Order:
Practising certificate be cancelled and no practising certificate shall be issued for four months

Penalty:
-
 
Costs:
HK$
55,477

 

Extract of Reasons and Order

 5 September
 2019
 1.  Tong Yat Hung
 2.  Cheng & Cheng 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 100.5(c) and 130 of the Code of Ethics for Professional Accountants.

 

The 2nd respondent audited the consolidated financial statements of a listed group for the year ended 31 December 2015. The 1st respondent was the engagement director.

 

The 2nd respondent undertook a review of the listed group’s preliminary announcement of its final results for the financial year. The published announcement contained an incorrect statement that the auditor had agreed the financial figures included in the announcement with those in the listed group’s consolidated financial statements.

 

The respondents were aware of the incorrect statement in the announcement but they failed to follow the relevant guidance in the Institute’s Practice Note 730 and take appropriate actions in the circumstances. 
Order:

Reprimand

 

Penalty:

1st respondent

HK$35,000

 

2nd respondent

HK$50,000

 

Costs:

All respondents

HK$93,078

 

Extract of Reasons and Order

29 August
2019
 1.  Ernst & Young
 2.  Wu Kwok Keung, Andrew


Press release:
(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply Statement of Auditing Standards (SAS) 100 Objective and General Principles Governing an Audit of Financial Statements, SAS 230 Documentation and SAS 400 Audit Evidence.

 

The 1st respondent expressed unmodified auditor’s opinions on the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the nine months ended 31 December 2002 and for the year ended 31 December 2003. The 2nd respondent was the engagement partner of the audits.

 

Audit deficiencies were found in the areas of the listed group’s sales, tax liabilities, and loans and prepayments to third parties.
Order:

Reprimand

 

Penalty:

1st respondent

HK$350,000

 

2nd respondent

HK$100,000

 

Costs:

All respondents jointly

HK$184,690

 

Extract of Reasons and Order

15 August
2019

1. Ho Pak Tat

2. Yuen Suk Ching
3. HLM 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 sections 100.5(c) and 130.1 of the Code of Ethics for Professional Accountants.

 

The 3rd 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 March 2015. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer.

 

Loss per share disclosed in the financial statements was misstated as a result of including the effect of the company’s offer of shares which was still open at the date of issuance of the financial statements and therefore should not have been taken into account under Hong Kong Accounting Standard 33 Earnings Per Share. In their audit, the respondents failed to identify the error and ensure the loss per share was properly disclosed in the consolidated financial statements.

Order:

Reprimand

 

Penalty:

1st respondent

HK$50,000

 

2nd respondent

HK$100,000

 

3rd respondent

HK$100,000

 

Costs:

All respondents

HK$99,269

 

Extract of Reasons and Order

14 August
2019
Ng Ka Kuen

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 220 Quality Control for an Audit of Financial Statements, HKSA 510 Initial Audit Engagements – Opening Balances, HKSA 540 Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures, HKSA 700 Forming an Opinion and Reporting on Financial Statements and 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 was the sole practising director of a corporate practice (now de-registered). The corporate practice 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 2014.

 

The group failed to correctly account for a deferred payment arrangement in a prior-year sale and this affected the opening balances and comparative information in the 2014 financial statements.

 

The respondent failed to properly evaluate the transaction and the balances pertaining to it. Further, the respondent failed to appoint an engagement quality control reviewer for the audit.
Order:

Reprimand

 

Penalty:

HK$100,000

 

Costs:

HK$59,374.20 (including FRC costs)

 

Extract of Reasons and Order

12 August
2019
1. Yip Hing Lam, Peter

2. Leung Ka Fai
3. Yip Leung & Co.

Press release:

(ENG)
(CHI)
Failure or neglect by the 1st and 2nd respondents to observe, maintain or otherwise apply section 290 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 Quality Control 1 Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements.

 

The 3rd respondent was the auditor of a private company from 2009 to 2016. The 1st respondent was the engagement partner from 2009 to 2013. The 2nd respondent was the engagement partner from 2014 to 2016 while the 1st respondent acted as the engagement quality control reviewer in those audits.

 

Throughout the engagements, the 1st respondent’s close family members were directors and shareholders of the client company. The 1st respondent also became a shareholder of the company in 2014. As a result, there were significant threats to the auditor’s independence. The 1st and 2nd respondents failed to properly address those threats, while the 3rd respondent failed to establish adequate policies and procedures to ensure compliance with independence requirements.
Order:

Reprimand

 

Penalty:

1st respondent

HK$120,000

 

2nd respondent

HK$120,000

 

3rd respondent

HK$100,000

 

Costs:

All respondents jointly

HK$44,866

 

Extract of Reasons and Order

25 July
2019
1. Chan Bing Chung

2. Chan Wai Ling


Press release:
(ENG)
(CHI)
Failure or neglect by the 1st respondent 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 260 Communication with Those Charged with Governance, HKSA 540 Auditing Accounting Estimates Including Fair Value Accounting Estimates, and Related Disclosures and HKSA 700 Forming an Opinion and Reporting on Financial Statements.

 

Failure or neglect by the 1st and 2nd respondents to observe, maintain or otherwise apply HKSA 220 Quality Control for an Audit of Financial Statements and 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 1st respondent was the sole proprietor of a firm (now de-registered) which audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 December 2013 and expressed an unmodified auditor’s opinion. The 2nd respondent was the engagement quality control reviewer (EQCR) of the audit.

 

The listed group entered into a sale transaction which allowed the buyer to settle the payment by interest-free instalments over 10 years. The Group did not correctly account for the arrangement as a financing transaction under Hong Kong Accounting Standard 18 Revenue.

 

The respondents failed to identify the accounting non-compliance. The 1st respondent failed to communicate his evaluation of the transaction to the audit committee. The 2nd respondent performed certain audit work and reported her work to the 1st respondent, which impacted her independence as the EQCR.

Order:

Reprimand

 

1st respondent

No practising certificate shall be issued for two years

 

Penalty:

2nd respondent

HK$50,000

 

Costs:

1st respondent

HK$80,568.50

 

2nd respondent

HK$25,648.50

 

1st and 2nd respondents equally

HK$20,095.60 (being costs of FRC)

 

Reasons for decision

 

Order
25 June
2019
1. Chan Chi Kei,  Ronald

2. Ho Yiu Hang, Ricky

3. Asian Alliance (HK) 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) 200 Overall Objectives of the Independent Auditor and the Conduct of an Audit in Accordance with Hong Kong Standards on Auditing, HKSA 230 Audit Documentation, HKSA 250 Consideration of Laws and Regulations in an Audit of Financial Statements, 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.

 

Failure or neglect by the 1st and 2nd respondents to observe, maintain or otherwise apply 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 for the year ended 31 May 2011. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer of the audit.

 

The listed group held interests in a company which had acquired several dairy farms in New Zealand. The request for the local authority’s retrospective consent to the acquisition of the dairy farms was refused, and hence the farms were subject to a risk of compulsory disposal by court order. In their audit, the respondents failed to address the potential impact of the matter on the investment, and failed to evaluate whether proper disclosures about the matter had been made in the financial statements.

 

In addition, the respondents did not prepare sufficient documentation of audit procedures performed on the group’s revenue recognition.

Order:

Reprimand
 
Penalty:
HK$150,000 (paid by the three respondents jointly)

 

Costs:
HK$221,501
(including FRC costs) (paid by the three respondents jointly)
 

Extract of Reasons and Order

24 June
2019

1.HLB Hodgson Impey Cheng Limited
2.Yu Chi Fat

3.Shek Lui

Press release:
(ENG)
(CHI)

 

Failure or neglect by the 1st respondent to observe, maintain or otherwise apply Hong Kong Standard on Auditing (HKSA) 540 Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures and HKSA 700 Forming an Opinion and Reporting on Financial Statements. Failure or neglect by the 2nd and 3rd 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 1st respondent audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 30 June 2013. The 2nd respondent was the engagement director and the 3rd respondent was the engagement quality control reviewer of the audit.

 

The company breached Hong Kong Accounting Standard (HKAS) 39 by failing to recognise an impairment loss on its available-for-sale listed investment, which had resulted from a significant drop in the investment’s quoted market price. In their audit, the respondents failed to report the non-compliance with HKAS 39 in the auditor’s report.
Order:
Reprimand

Penalty:
HK$60,000 (paid by the three respondents jointly)


Costs:
HK$117,055.40
(including FRC costs) (paid by the three respondents jointly)
 

Extract of Reasons and Order



21 June
2019

Wong Yuk Ming, Aaron

 

Press release:

(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply sections 100.5(a), 100.5(c), 110.1 and 130.1 of the Code of Ethics for Professional Accountants, HKSQC 1 and being guilty of professional misconduct.

The respondent was the sole proprietor of a firm which was selected by the Institute for its first practice review in August 2017.

The practice review revealed significant deficiencies in the firm’s quality control system and in one audit selected for review, which showed the respondent’s lack of professional competence and due care. Further, the respondent compromised his integrity when he furnished answers in a checklist required by practice review either falsely or recklessly, and created working papers which misled the reviewers.
Order:

Reprimand

 

Practising certificate (PC) be cancelled and no PC shall be issued to him for 18 months

 

Penalty:
HK$50,000

Costs:
HK$
47,642

 

Extract of Reasons and Order

 18 June
 2019
Woo Yuen Fai


Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing 220.


The respondent was the engagement quality control reviewer in an audit of the consolidated financial statements of a listed company and its subsidiaries. A practice review identified significant audit deficiencies in the areas of impairment assessment of investment property and prepayments of production expenses. The respondent failed to perform an effective engagement quality control review to evaluate the significant judgements made and conclusions reached by the audit team.

Order:
Reprimand


Penalty:
HK$70,000
 
Costs:
HK$42,960
 
Extract of Reasons and Order 
 13 June
 
2019

Mo Kong Fung

Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply sections 100.5, 110 and 130.1 of the Code of Ethics for Professional Accountants, HKSQC1 and being guilty of professional misconduct.


The respondent is the sole proprietor of his practice. He was responsible for the practice's quality control system and the quality of its audit engagements.

When carrying out a practice review, the reviewer identified significant deficiencies in the practice’s system of quality control and in two of its audit engagements. In addition, the respondent attempted to mislead the practice reviewer by creating new working papers or changing other working papers after the audit report date, and making untrue statements in a meeting with the reviewer. He also falsely or recklessly provided untrue answers in a self-assessment questionnaire submitted in relation to the practice review.
Order:

Reprimand


Removal from the register of CPAs for 12 months with effect from 25 July 2019

No practising certificate shall be issued to him for 2 years


Penalty:
HK$80,000

Costs:
HK$
44,053

Extract of Reasons and Order
 5 June
2019
1. Chan Kam Fuk
2.
Dominic K. F. Chan & Co.

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 1st respondent is the sole proprietor of the 2nd respondent which issued an unmodified auditor's opinion on the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 30 June 2015.

 

The company’s financial statements disclosed basic and diluted loss per share that incorrectly included profits attributable to non-controlling interests. In addition, the diluted loss per share wrongly took into account potential ordinary shares which had an anti-dilutive effect. As a result of the errors, there was non-compliance with Hong Kong Accounting Standard 33 Earnings Per Share. In their audit, the respondents failed to identify the incorrect amounts of loss per share disclosed in the financial statements.

 

Order:
Reprimand
 
Penalty:
HK$80,000

Costs:
HK$36,630

Extract of Reasons and Order

 1 April
2019
Ng Chi Ching

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 the financial controller, company secretary and compliance officer of a Hong Kong listed company. In those positions, the respondent had a statutory obligation to ensure that the company complied with the relevant disclosure requirements under the Securities and Futures Ordinance (Cap. 571) (SFO).

In August 2012, the company announced its interim results and stated that it expected significant growth and increasing profitability in the second half of the year. However, the company's full year results announcement in March 2013 revealed that performance had in fact deteriorated significantly. The company had therefore breached the relevant disclosure requirements by not issuing any profit warning announcement in the intervening period.

The Market Misconduct Tribunal found that the respondent was reckless in failing to ensure the company's timely disclosure, and that he failed to put in place a system to enable the timely identification and disclosure of price sensitive information. The Tribunal found the respondent had breached sections 307G(2)(a) and 307G(2)(b) of the SFO and issued sanctions against him. They also recommended referring the findings to the Institute.

Order:
Removal from the register of CPAs for 12 months with effect from 13 May 2019 
 
Penalty:
-
 
Costs:

HK$
32,496
 
Extract of Reasons and Order
 
25 March
2019
Yin Yingneng, Richard

Press release:
(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principles of (i) integrity under sections 100.5(a) and 110.2 of the Code of Ethics for Professional Accountants and (ii) professional behaviour under sections 100.5(e) and 150.1 of the Code; and being guilty of professional misconduct.

The respondent was appointed as the Chairman, and later re- designated as a non-executive director of a Hong Kong listed company.

 

In 2012, the Securities and Futures Commission filed a court action against the respondent and others for their breach of director's duties to the company. The breach concerned falsely putting forward a non-existent agreement between the company and a third party for the distribution of dividends in connection with an acquisition undertaken by the company. This caused the company to wrongly pay a dividend of RMB18,692,000 to the third party.The Court found the respondent breached his duties as a director under the GEM Listing Rules and common law, and disqualified him from being a director or involved in the management of any listed or unlisted corporation in Hong Kong for four years.

 
Order:
Removal from the register of CPAs for two years with effect from 24 May 2019 
 
Penalty:
-
 
Costs:
HK$
37,000
 
Extract of Reasons and Order
18 March
2019

Wong Suet Fan

Press release:
(ENG)
(CHI)
Guilty of professional misconduct and dishonourable conduct.


The Institute's practice reviewers attempted to contact the respondent through her registered contact addresses in 2016 to arrange for a practice review, but they were unable to obtain her response. However, the respondent was able to receive the Institute's documents for registration renewal which were sent to those same addresses, and successfully renewed her membership and practising certificate for 2017.

In May 2017, the Practice Review Committee of the Institute issued a direction to the respondent in respect of practice review. The respondent failed to comply with the direction and did not respond to the Institute's communications concerning the matter. 

Order:
Removal from the register of CPAs for one year with effect from 29 April 2019 
 
Penalty:
-
 
Costs:
HK$
34,447
 
Extract of Reasons and Order
6 March
2019

1.Wong Wang

  Hei
2.Tsang Yiu       

  Chung

3.Lui Chi Wang

4.Deloitte

 Touche

 Tohmatsu

 

Press release:

(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard on Auditing 450 Evaluation of Misstatements Identified during the Audit, 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 4th respondent audited the financial statements of a Hong Kong listed company and its subsidiaries for the four years ended 31 December 2010 to 2013 and issued an unqualified opinion on each of those financial statements. The 1st respondent and the 2nd respondent were respectively the engagement partners of the 2010 and 2011 audits, and the 3rd respondent was the engagement partner of the 2012 and 2013 audits.

 

Convertible bonds issued by the company in an acquisition exercise in 2010 were wrongly valued due to the use of incorrect currency exchange rates. This led to misstatements in goodwill, gain from disposal of subsidiaries, effective interest expenses and exchange differences in the financial statements for the four years. During the audits, the 4th respondent identified the misstatements but it did not accumulate the misstatements and communicate them to management or request management to take appropriate actions.

Order:
Reprimand
 
Penalty:

1st & 2nd respondents
 HK$60,000 for each

3rd respondent
HK$80,000

4th respondent
HK$150,000

Costs:
HK$121,867.70
(including FRC costs) jointly paid by the respondents

 

Extract of Reasons and Order

 12 February 2019

 1. Chan Chant Fai
 2.
Fairyield CPA 

     Limited  

Press release:
(ENG)
(CHI) 

Failure or neglect to observe, maintain or otherwise apply section 290.128 of the Code of Ethics for Professional Accountants.

 

The 2nd Respondent audited the financial statements of a private company for the period / years ended from 31 March from 2005 to 2012. The 1st Respondent was the engagement director.

 

At the time of the audits, an immediate family member of the 1st Respondent was a director of the client company. The 1st Respondent failed to withdraw from the audit team, resulting in a significant compromise of the independence of the audits.

Order:

Reprimand

Penalty:

HK$200,000
 
Costs:
HK$35,134
 
Extract of Reasons and Order
          
 

8 January
2019
Mok Wing Kai, Henry

Press release:
(ENG)
(CHI)
Failure or neglect to observe, maintain or otherwise apply paragraphs 2 and 4 of Statement 1.200 Professional Ethics Explanatory Foreword and being guilty of dishonourable conduct.

The Respondent was the company secretary and financial controller of a company formerly listed in Hong Kong. He was also a "qualified accountant" of the group under the then GEM listing rules.

As a result of accounting fraud perpetrated by other members of the senior management, the Group's audited financial statements for the years 2000 to 2004 contained materially false information pertaining to certain subsidiaries in Mainland China.

At the time, the Respondent tried to remove himself from any responsibility for the subsidiaries' activities, accepted a limitation of his role as financial controller, entered into a self-imposed compromise with the directors and failed to implement the Group auditor's recommendations concerning the finance department's financial supervision and control over the Group subsidiaries.

The Market Misconduct Tribunal found the Respondent negligent in relation to the financial statements and, therefore, culpable of market misconduct. It issued sanctions against the Respondent in 2017 and recommended referring the findings to the Institute.
Order:
Reprimand

Removal from the register of CPAs for six months with effect from 19 February 2019

Penalty:
-

Costs:
HK$56,494

Extract of Reasons and Order

24 December 2018
1. Pan-China (H.K.) CPA Limited
2. Fung Pui Cheung
3. Wong Ho Yuen, Gary

 

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") 230, HKSA 500 and HKSA 620. Failure or neglect by the 2nd and 3rd Respondents to observe, maintain or otherwise apply the fundamental principle of Professional Competence and Due Care under sections 100.5(c) and 130.1 of the Code of Ethics for Professional Accountants. The 1st Respondent was also guilty of professional misconduct. 

 

The 1st Respondent issued an unmodified auditor's opinion on the financial statements of a Hong Kong listed company for the year ended 31 December 2010. The 2nd Respondent was the engagement director and the 3rd Respondent was the engagement quality control reviewer of the audit.

 

The Respondents failed to perform adequate audit procedures and prepare adequate audit documentation in respect of the carrying amounts of mining rights and goodwill, which were material assets included in the financial statements. 
Order:
Reprimand


Penalty:
1st Respondent
HK$250,000

2nd Respondent
HK$50,000

3rd Respondent
HK$50,000


Costs:
HK$124,914.10
(including FRC costs)


Extract of Reasons and Order
15 November
2018 
Deborah Annells

 

Press release:

(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principles of Integrity, Professional Competence and Due Care and Professional Behaviour in sections 100, 110, 130 and 150 of the Code of Ethics for Professional Accountants, as well as section 270 Custody of Client Assets, section 460 Clients' Monies and section 450 Practice Promotion of the Code, and being guilty of professional misconduct and dishonourable conduct.

 

The respondent controlled a group of companies in Hong Kong which provided trust and tax advisory services. The subject matter of the complaints included the use of trust monies dishonestly and for unauthorised purposes, failing to separate client funds from funds of the practices, the use offorged documents or making misleading statements to clients regarding the integrity or application of their funds, and the theft of client funds. The respondent also made disparaging remarks about the services of another CPA who was her former employee.

Order:

Permanent removal from the register of CPAs

 
Costs:
HK$760,997.35

 

Reasons for decision

 

Decision on sanctions and costs

Costs order

 5 November 2018 1. Lew Victor Robert
2. 
So Kwok Keung, Keith
3. 
East Asia Sentinel Limited

Press release:
(ENG)
(CHI)

Breach by the 3rd Respondent of Hong Kong Standard on Auditing ("HKSA") 700 and HKSA 230, and breach by the 1st and 2nd Respondents of the fundamental principle of Professional Competence and Due Care in the Code of Ethics for Professional Accountants.

  

The 3rd Respondent issued an unmodified auditor's opinion on the 2009 financial statements of a Hong Kong listed company. The 1st Respondent was the engagement director and the 2nd Respondent was the engagement quality control reviewer ('EQCR").

 

The company failed to recognize a significant decline in the fair value of two listed, available-for-sale investments as an impairment loss in the financial statements, contrary to Hong Kong Accounting Standard 39. The 3rd Respondent failed to detect this departure from accounting standards.
Order:
Reprimand

Penalty:
HK$55,000

Costs:

HK$104,517.80
(including FRC costs)

Extract of Reasons and Order
gotop