Disciplinary Orders

Law Kwong Wah

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.

Reprimand

Hu Chiu Lun, Alan

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.

Reprimand

Reprimand

2) Ho Yiu Hang, Ricky

3) Asian Alliance (HK) CPA Limited

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

Reprimand

Ng Tsz Wing

Press release:

(ENG)

(CHI) 

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

Penalty:
-
 
Cost:
HK$55,477

Extract of Reasons and Order

The 2^nd 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 2^nd 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.

Reprimand

Penalty:

1^st respondent

HK$35,000

2^nd respondent

HK$50,000

Costs:

All respondents

HK$93,078

The 1^st 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 2^nd respondent was the engagement partner of the audits.

Reprimand

Penalty:

1^st respondent

HK$350,000

2^nd respondent

HK$100,000

Costs:

All respondents jointly

HK$184,690

1. Ho Pak Tat

2. Yuen Suk Ching
3. HLM CPA Limited

Press release:

(ENG)

(CHI)

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

Order:

Reprimand

Penalty:

1^st respondent

HK$50,000

2^nd respondent

HK$100,000

3^rd respondent

HK$100,000

Costs:

All respondents

HK$99,269

Extract of Reasons and Order

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.

Reprimand

Penalty:

HK$100,000

Costs:

HK$59,374.20 (including FRC costs)

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

Press release:

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

Reprimand

Penalty:

1^st respondent

HK$120,000

2^nd respondent

HK$120,000

3^rd respondent

HK$100,000

Costs:

All respondents jointly

HK$44,866

2. Chan Wai Ling

Failure or neglect by the 1^st and 2^nd 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 1^st 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 2^nd 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.

Order:

Reprimand

1^st respondent

No practising certificate shall be issued for two years

Penalty:

2^nd respondent

HK$50,000

Costs:

1^st respondent

HK$80,568.50

2^nd respondent

HK$25,648.50

1^st and 2^nd respondents equally

HK$20,095.60 (being costs of FRC)

Reasons for decision

2. Ho Yiu Hang, Ricky

Failure or neglect by the 2^nd respondent to observe, maintain or otherwise apply HKSA 220 Quality Control for an Audit of Financial Statements.

Failure or neglect by the 1^st and 2^nd respondents to observe, maintain or otherwise apply sections 100.5(c) and 130.1 of the Code of Ethics for Professional Accountants.

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

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

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

3.Shek Lui

Press release:
(ENG)
(CHI)

 

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.

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

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.

Reprimand

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

Penalty:
HK$50,000

Cost:
HK$47,642

Extract of Reasons and Order

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

Mo Kong Fung

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.

Reprimand

No practising certificate shall be issued to him for 2 years

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.

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.

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.

Wong Suet Fan

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. 

1.Wong Wang

  Hei
2.Tsang Yiu       

  Chung

3.Lui Chi Wang

4.Deloitte

 Touche

 Tohmatsu

Press release:

(ENG)

(CHI)

Order:
Reprimand
 
Penalty:

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

3^rd respondent
HK$80,000

4^th respondent
HK$150,000

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

Extract of Reasons and Order

 1.Chan Chant Fai
 2. Fairyield CPA 

     Limited  

Press release:
(ENG)
(CHI) 

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

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

Reprimand

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

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 of forged 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

1. Pan-China (H.K.) CPA Limited

2. Fung Pui Cheung

3. Wong Ho Yuen, Gary

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.

Penalty:
1st Respondent
HK$250,000

2nd Respondent
HK$50,000

3rd Respondent
HK$50,000

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

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

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

1. Leung Kin Sun, Sunny
2. Sunny Leung & company

The 1^st Respondent is the sole proprietor of the 2^nd Respondent which expressed an unmodified auditor's opinion on the financial statements of an approved charitable institution for the year ended 31 March 2009. The audit procedures contained deficiencies relating to audit materiality, related party transactions, bank confirmations and certain income and expenditure items. The respondents also failed to adequately document communication with those charged with governance on some audit issues.

Reprimand

Chin Oi Lin, Irene

Press release:

The Respondent's practice was selected for practice review. The Respondent failed to respond to Institute's repeated requests to submit information required in relation to the practice review, including a direction issued by the Practice Review Committee. As a result, the practice review could not be carried out.

Reprimand

Cancellation of the practicing certificate issued in 2018

2. Pan-China    (H.K.) CPA Limited

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 2^nd Respondent issued unmodified auditor's opinions on the financial statements of a Hong Kong listed company which contained misstatements of earnings per share, contrary to Hong Kong Accounting Standard 33. The 1^st Respondent was the EQCR and he reviewed the earnings per share calculation, but neither he nor the audit team identified the errors.

Order:
Reprimand

Penalty:

1^st Respondent
HK$60,000

2^nd Respondent
HK$90,000

1. Lam Pik Wah

2. BDO Limited

Press release:

The 2^nd Respondent audited the financial statements of a listed company and its subsidiaries for the year ended 31 March 2012 and issued an unmodified auditor's opinion with an emphasis of matter paragraph. The 1^st Respondent was the audit engagement director.

The company acquired a target group in 2012, and a major shareholder of the Company had injected a sum of RMB200 million into the acquired group prior to the acquisition.  The respondents did not perform additional audit procedures to resolve an apparent inconsistency between certain evidence showing the injected sum as equity of the acquired group and other evidence suggesting that the sum was a liability of the acquired group. 

Penalty:
HK$100,000
 
Cost:
HK$134,394.60(including FRC costs)

11 September

2018

Li Kwok Cheung, George

Press release:

(ENG)

(CHI)

The Respondent was an executive director of a financial service company which acted as financial adviser to a Hong Kong listed company. He advised or assisted the company in preparing written responses to enquiries by the Stock Exchange of Hong Kong about a fictitious project of the company and drafting a public announcement by the company. He also acted with certain other individuals to devise a purported sale of the project by the company which was in reality a sham involving a circular fund flow.

Order:

(a)Reprimand; and
(b) Removal from the register of CPAs permanently with effect from 21 October 2018

Penalty:
HK$375,000

Costs:HK$221,039.20

Extract of Reasons and Order

Chang Wai Hang, Alab

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of Professional Behavior in the Code of Ethics for Professional Accountants and being guilty of dishonourable conduct.

The Respondent was convicted in the District Court of two counts of dealing with property known or believed to represent proceeds of an indictable offence, contrary to section 25(1) and (3) of the Organized and Serious Crimes Ordinance (Cap. 455). He was sentenced to imprisonment for four years and six months.

Cheung Yiu Hung

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply HKSQC 1, HKSA 500 and HKSA 230.

The complaint arose from findings of a follow-up practice review visit on the Respondent's Practice.  The Respondent was found to have failed to implement necessary improvements to ensure an adequate system of quality control and address audit deficiencies identified from the first practice review.
 
The Respondent appealed the Disciplinary Committee's decision. On 31 July 2018, the Court of Appeal handed down its judgment dismissing Respondent's appeal.

Failure or neglect to observe, maintain or otherwise apply Statement of Auditing Standards 100, 200, 230 and 400; Statement 1.200 Professional Ethics - Explanatory Foreword and Statement 3.340 Auditing Guideline - Prospectuses and the reporting accountant.

The 3rd Respondent was the reporting accountant and auditor of three listed companies in Hong Kong. The 1st and 2nd Respondents were the engagement partners.

Deficiencies were found in the respondents' audit work in the areas of sales and receipts for sales, purchases and related cash disbursements, long-term investments, preceding auditors' work review and analytical procedures.

Order:
Reprimand for all three respondents

Penalty:
1st Respondent
HK$200,000
2nd Respondent
HK$100,000
3rd Respondent
HK$400,000

Costs:
HK$1,527,416

Extract of Reasons and Order

Failure or neglect to observe, maintain or otherwise apply sections 100.5(c) and 130.1 of the Code of Ethics for Professional Accountants.

The 1st respondent was the sole proprietor of the 2nd respondent which expressed unmodified auditor's opinions on the financial statements of a private company for each of the years 2010 to 2015.

There was non-compliance with accounting standards in the accounting of property, plant and equipment in the 2010 to 2015 financial statements, and income tax in the 2014 and 2015 financial statements. Further, there were numerous casting errors, incorrect and missing cross-references, incomplete disclosures and inconsistencies in the financial statements, auditor's reports and other information attached.

Order:

Reprimand

Penalty: 

HK$70,000

Costs:

HK$49,746

Corrigendum

Extract of Reasons and Order

1. Seto Man Fai

2. Lo Hung Yan

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute.

The respondents were the directors of Parker Randall CF (H.K.) CPA Limited ("Practice"), which is now de-registered. The results of a practice review revealed that the Practice failed to implement an effective system of quality control. Additionally, the practice reviewer found significant deficiencies in the audit of a Hong Kong listed company by the 1st Respondent and the compliance audit of a regulated company by the 2nd Respondent.  

Order:
Reprimand

1st Respondent
No practising certificate shall be issued to him for 18 months, of which 9 months will run concurrently with a previous disciplinary order issued against him in January 2018 and the remaining 9 months is to be consecutive to the said order.

2nd Respondent
Cancellation of practising certificate with effect from 21 August 2018 and no practising certificate shall be issued to him for 9 months.

Penalty:
-
 
Cost:
1st Respondent
HK$91,127

2nd Respondent
HK$54,721

Extract of Reasons and Order

The respondent was the Executive Director, Chief Executive Officer and the Compliance Officer of a Hong Kong listed company. He was found by the Court of First Instance in a court action filed by Securities and Futures Commission to have breached his director's duties to the company by falsely putting forward a non-existent agreement, causing the company to wrongly pay a dividend of RMB18.69 million. The respondent was ordered to be disqualified from being a director or involved in the management of any listed or unlisted corporation in Hong Kong for five years.

The respondent was found to have not complied with the Code of Ethics for Professional Accountants and was guilty of professional misconduct.

Order:
Removal from the register of CPAs for 3 years with effect from 12 August 2018

Penalty:
-

Costs:
HK$35,857

Extract of Reasons and Order

Seto Man Fai

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute and being guilty of professional misconduct.

The respondent was a former practising certified public accountant whose name was removed from the register for 5 years with effect from 22 March 2018 pursuant to an earlier disciplinary order. He was previously a director of a corporate practice, which has now been de-registered. The corporate practice audited the consolidated financial statements of a Hong Kong listed company for the year ended 31 March 2011 and the period ended 31 December 2011 and expressed unmodified auditor's opinions. The respondent was the engagement director of those audits.

There were significant deficiencies in the accounting treatment of certain acquisition transactions, convertible bonds issued and share options and warrants granted which were included in the financial statements. The respondent claimed that relevant audit procedures were carried out on those items but he failed to provide any working papers, claiming that they were withheld by a third party.

Order:
No practising certificate shall be issued to the respondent for 12 months from 21 March 2023.

Penalty:
-

Costs:
HK$277,705.60
(including FRC costs)

Extract of Reasons and Order

1. Andrew David Ross
2. Fok Wai Ming
3. Baker Tilly Hong Kong Limited

Press release:

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute.

The 3rd Respondent was a newly appointed auditor who audited the consolidated financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 March 2012. The 1st Respondent was a director of the corporate practice who issued the auditor's report. The 2nd Respondent was a director of the corporate practice who was substantially involved in the audit.

The group's financial statements in previous years included errors in the accounting treatment of a substantial acquisition. Those errors affected the 2012 financial statements. Deficiencies were found in the audit procedures conducted by the respondents on the balances pertaining to the acquisition. Further, the 3rd Respondent did not have adequate policies and procedures for clear designation of engagement director and appointment of an engagement quality control reviewer in the subject audit.

Order:
Reprimand

Penalty:
1st Respondent
HK$100,000
2nd Respondent
HK$100,000
3rd Respondent
HK$250,000

Costs:
HK$117,372.20
(including FRC costs)

Extract of Reasons and Order

1. Baker Tilly Hong Kong Limited
2. Au Yiu Kwan

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute.

The 1st Respondent was in breach of a number of auditing standards and HKSQC1. The 2nd Respondent failed to act diligently in accordance with sections 100.4(c) and 130.1 of the Code of Ethics for Professional Accountants.

The 1st Respondent audited the financial statements of a Hong Kong listed company and its subsidiaries for the year ended 31 May 2006  The 2nd Respondent was the director who had substantial involvement in the audit.

Order:
Reprimand

Penalty:
1st Respondent
HK$250,000
 
2nd Respondent
HK$100,000

Costs:
HK$156,669.90
(including FRC costs)

Extract of Reasons and Order

1. Tang Wai Hung

 2. Chow Chi Kit

3. W.H. Tang & Partners CPA Limited

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute.

The 3rd respondent issued an unqualified auditor's opinion on the 2012 financial statements of a Hong Kong listed company, and its subsidiaries. The 1st respondent was the engagement director and the 2nd respondent was the engagement quality control reviewer of the audit. There were non-compliance with financial reporting standards and auditing irregularities in relation to an acquisition recorded in the financial statements.

Order:
Reprimand

1st Respondent
Cancellation of practising certificate with effect from 24 June 2018 and no practising certificate shall be issued to him for 2 years.

2nd Respondent
Cancellation of practising certificate with effect from 24 June 2018 and no practising certificate shall be issued to him for 18 months.

Penalty:
1st Respondent
HK$100,000

2nd Respondent
HK$75,000

3rd Respondent
HK$150,000
 
Costs:
All Respondents jointly
HK$103,483.20(including FRC costs)
 
 Extract of Reasons and Order

Yan Kwok Ting, Sunny

Press release:

(ENG)
(CHI)

Guilty of dishonourable conduct.

The respondent was a licensed person under the Securities and Futures Ordinance and an employee of a company which sponsored a listing on the Growth Enterprise Market board. The Securities and Futures Commission investigated into the company's submissions to the Stock Exchange of Hong Kong about due diligence work it carried out as the sponsor.  The Commission found the respondent guilty of providing false and misleading information during the investigation, and prohibited him from re-entering the industry for 4 years.  The Securities and Futures Appeals Tribunal subsequently dismissed the respondent's appeal and upheld the Commission's finding and decision.

Yeung, Tat Kwong

Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute.

The Respondent issued Accountant's Reports on a firm of solicitors for three years, in which he failed to report the firm's breaches of the Solicitors' Accounts Rules . The firm did not prepare client account reconciliations, client ledgers and office ledgers. During the Institute's enquiry, the Respondent was unable to provide copies of his working papers, claiming that the hardcopies were misplaced and his computer hard disk had failed.

Order:
Reprimand

Penalty:
HK$100,000

Costs:
HK$49,335

Extract of Reasons and Order

Chan Kin Cheong

Press release:
(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute.

The respondent is the sole proprietor of two practices. He is responsible for the practices' quality control system and the quality of the practices' audit engagements. When carrying out a practice review, the reviewer found that the practices failed to implement an adequate system of quality control. Also, a number of significant deficiencies were found in an audit engagement. In addition, the respondent was found to have provided false and/or misleading information during the practice review and in the electronic self–assessment questionnaire which was submitted to the reviewer.

Order:
Reprimand

Penalty:
HK$60,000
 
Cost:
HK$34,175
 
Extract of Reasons and Order

1. HLB Hodgson Impey Cheng

2. Cheng Chung Ching, Raymond

3. Lai Tak Shing, Jonathan

Press release:

(ENG)

(CHI)

 Failure or neglect by the 1st and 2nd Respondents to observe, maintain or otherwise apply Standard on Assurance Engagements 200 "High Level Assurance Engagements" (SAE 200). Failure or neglect by the 1st and 3rd Respondents to observe, maintain or otherwise apply SAE 200 and Hong Kong Standard on Assurance Engagements 3000 "Assurance Engagements Other Than Audits or Reviews of Historical Financial Information".

The 1st Respondent issued compliance reports on a corporation engaged in securities dealing under the Securities and Futures Ordinance (Cap. 571) and the preceding Securities Ordinance (Cap. 333) for three years. The 2nd Respondent was the engagement partner in the first year. The 3rd Respondent was the engagement partner in the second and third years.

The complaints against the three Respondents relate to breaches of the standards of assurance practices and sufficiency of documentation in the work undertaken by the Respondents for the securities firm for three relevant fiscal years.

Order:

Reprimand for all three respondents

Penalty:

1st Respondent

HK$400,000

2nd Respondent

HK$300,000

3rd Respondent

HK$300,000

Costs:

HK$3,000,000

Decision

Decision on sanctions and costs

1. Lau Shiu Wai, Franklin
2. Au Yeung Tin Wah
3. Lau & Au Yeung

   C.P.A   Limited

 Press release:
(ENG)
(CHI)

 Failure or neglect by the 3rd respondent to observe, maintain or otherwise apply Hong Kong Standard on Auditing ("HKSA") 230 and HKSA 500.  Failure or neglect by the 1st respondent to act diligently in accordance with section 100.5 (c) as elaborated in section 130.1 of the Code of Ethics for Professional Accountants ("COE").

Failure or neglect by the 2nd respondent to act diligently in accordance with section 100.5 (c) as elaborated in section 130.1 of the COE for failure to carry out an objective engagement quality control review under HKSA 220.

The 3rd respondent audited the financial statements of a Hong Kong listed company and its subsidiaries for the years ended 30 June 2011 and 2012. The 1st respondent was the engagement director who issued the auditor's reports on behalf of the 3rd respondent and the 2nd respondent was the engagement quality control reviewer.

Order:
Reprimand
 
Penalty:
1st & 2nd  Respondent
HK$100,000 each

3rd Respondent
HK$180,000
 
Costs:
All Respondents
HK$154,567.90(including FRC costs)
 
Extract of Reasons and Order

Lam Kin Choi

Press release:
(ENG)
(CHI)

 Failure or neglect to observe, maintain or otherwise apply (i) HKSQC 1 "Quality Control for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements"; (ii) HKSA 500 "Audit Evidence"; and (iii) HKSAE 3000 "Assurance Engagements Other Than Audits or Reviews of Historical Financial Information".

The complaint arose from findings of a practice review visit on the Respondent's practice. The Respondent was found to have failed to implement an adequate system of quality control. In addition, a number of significant deficiencies were identified in the Practice's audits and assurance engagements.

The Respondent's appeal against the Disciplinary Committee's decision was struck out by the Court of Appeal on 6 April 2018.

Order:
Cancellation of practising certificate with effect from 13 February 2018 and no practising certificate shall be issued to the Respondent for 12 months.

Penalty:
HK$20,000
 
Cost
HK$46,827

Extract of Reasons and Order

1.Lam Kwan, Anthony
2. Charles H. C. Cheung  

    & CPA Limited

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply auditing standards issued by the Institute.

The 2nd respondent audited the financial statements of a renovation project of a residential building. The 1st respondent was the engagement director.

The respondents failed to understand the scope of the audit engagement and plan it accordingly. They also failed to obtain sufficient evidence and adequately document audit procedures. The complaint was made under section 34(1AAA) of the Professional Accountants Ordinance.

Order:
Reprimand

Penalty:
HK$35,000
 
Cost:
HK$ 10,000
 
Extract of Reasons and Order

1.Wong Tak Man, Stephen

2. RSM Hong Kong (formerly RSM Nelson Wheeler)

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute.

The Respondents audited the financial statements of a Hong Kong listed company and its subsidiaries and were found to have failed to properly interpret Hong Kong Accounting Standard ("HKAS") 39 Financial Instruments: Recognition and Measurement, which requires an entity to recognize an impairment loss in profit or loss for an available-for-sale financial asset when objective evidence of impairment exists.

The Respondents' appeal against the Disciplinary Committee's decision was dismissed by the Court of Final Appeal on 22 December 2017 (FACV10/2017).

Yu Oi Kee

Press release:

(ENG)
(CHI)

Convicted of an offence involving dishonesty.

The respondent was convicted in the District Court in August 2014 of one count of conspiring as an agent to use a document with intent to deceive her principal, and one count of accepting an advantage as an agent.

The respondent was a director of a subsidiary of a Hong Kong listed company. She conspired with another director to make a false statement in the board meeting minutes to conceal the interests of that director in a material disposal transaction entered into by the company. Accordingly, the transaction was incorrectly announced as an unconnected transaction and was not reported to the Stock Exchange of Hong Kong as a connected transaction. As a reward for her part in processing the transaction, she privately accepted the listed company's shares given to her by the other director. She later sold the shares in the market and received about HK$317,000.

Seto Man Fai

Press release:

(ENG)
(CHI)

The respondent was the managing director of a corporate practice, Parker Randall CF (H.K.) CPA Limited, which is now de-registered. The corporate practice audited the consolidated financial statements of three Hong Kong listed companies for financial periods ended in 2010 and 2011. The respondent was the engagement director.

The Financial Reporting Council (FRC) enquired into breaches of auditing standards in the audits. The respondent failed to provide the working papers and repeatedly gave inconsistent and unbelievable explanations to the FRC as to why the working papers were unavailable. There were irregularities in the audits in relation to accounting for an acquisition, use of the going concern basis and failure to appoint an engagement quality control reviewer.

The respondent was found to have breached a number of HKSAs, the Code of Ethics for Professional Accountants Ordinance and was guilty of professional misconduct.

Order:
Removal from the register of CPAs for 5 years with effect from 22 March 2018
 
Penalty:
-
 
Cost
HK$523,697.20
(including FRC costs)
 
Extract of Reasons and Order

Mak Wai Man

Press release:

(ENG)
(CHI)

The respondent was convicted of offences involving dishonesty. She was also in breach of the fundamental principle of Integrity under sections 100.5(a) and 110.2 of the Code of Ethics for Professional Accountants.

The respondent was convicted of three counts of offences under section 9 of the Theft Ordinance (Cap 210) after she forged the signature one of her employer's directors and drew a cheque in her own favour. As a result, the company dismissed her. Subsequently, she provided false information about her professional qualifications and work experience to another employer.  That employer unknowingly submitted the false information in an Application Proof to the Hong Kong Stock Exchange for listing purposes. The respondent failed to declare to the Institute that she had  criminal convictions in the Institute's annual membership renewal.

Order:
Removal from the register of CPAs for 5 years with effect from 11 March 2018
 
Penalty:
-
 
Cost
HK$72,446
 
Extract of Reasons and Order

Tso Yin Yee

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute and being guilty of professional misconduct.

The respondent is the sole proprietor of a Practice and is responsible for the Practice's quality control system and the quality of its assurance engagements.  When carrying out a practice review, the reviewer found that the Practice failed to established and maintain an effective system of quality control. In addition, the reviewer found significant deficiencies in the Practice's audit and assurance engagements.

1) Tam Tak Kuen, Alfred
2) Alfred T.K. Tam & Co

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of Professional Behavior of the Code of Ethics for Professional Accountants.

The 1st Respondent was the sole proprietor of the 2nd Respondent, a firm which is now de-registered. The Respondents breached their employer's obligation to make provident fund contributions for employees under the Mandatory Provident Fund Schemes Ordinance on three occasions.  They were fined by the relevant authorities for the breaches.

1) Andrew David Ross
2) Fok Wai Ming
3) Baker Tilly Hong Kong Limited

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute.

The 3rd Respondent was in breach of a number of auditing standards and HKSQC1.  The 1st and 2nd Respondents failed to act diligently in accordance with section 100.4 (c), as elaborated in sections 130.1 of the Code of Ethics for Professional Accountants.  In addition, the 1st Respondent was in breach of HKSA220.

The 3rd Respondent audited the financial statements of a Hong Kong listed company and its subsidiaries for the years ended 31 December 2008 and 2009.  The 1st Respondent was the director who issued the auditor's reports on behalf of the 3rd Respondent and the 2nd Respondent, as a senior audit team member, was substantially involved in the audits of the financial statement.

Order:
Reprimand

Penalty:
1st & 2nd  Respondent
HK$100,000

3rd Respondent
HK$250,000
 
Costs:
2nd Respondent
HK$14,912

All Respondents
HK$124,448.3 (including FRC costs)

Extract of Reasons and Order

Chan Hoi Shing

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply a number of professional standards and being guilty of professional misconduct.

The complaint arose from findings of a practice review visit on the Respondent's practice. The Respondent was found to have failed to establish and maintain an effective system of quality control and have misused qualified opinions to circumvent necessary audit procedures.

1) Baker Tilly Hong Kong 

    Limited

2) Andrew David Ross

3) Kwok Lai Ha, Helena

Press release:

(ENG)
(CHI)

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

The Securities and Exchange Commission had imposed sanctions on the respondents for breaches of PCAOB auditing standards in their audit of a U.S. listed company.  The respondents failed to identify material related party transactions and revise the audit planning regarding fraud risks in light of those transactions.

The 2nd respondent was the engagement director, and the 3rd respondent was the director-in-charge.

Tam Tak Kuen, Alfred

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply HKSQC 1 and the fundamental principle of integrity under paragraphs 100.5(a) and 110.2 of the Code of Ethics for Professional Accountants, and guilty of professional misconduct.

The complaint arose from findings of a practice review visit on the Respondent's Practice. The Respondent was found to have failed to establish, maintain and document an effective system of quality control and provided false or misleading answers and/or furnished information recklessly in the electronic practice review self-assessment questionnaire.

Order:
Reprimand; and cancellation of practising certificate with effect from 21 November 2017 and no practising certificate shall be issued to the Respondent for 2 years

Penalty:
HK$50,000
 
Cost
HK$51,628

Extract of Reasons and Order

Tse Lap Fu, Lawrence

Press release:
(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute and being guilty of professional misconduct.

There were deficiencies in the audits of the financial statements of five private companies carried out by Tse's firm. The audit areas involved were related party transactions, deferred tax, inventory and evaluation of whether the financial statements were prepared in accordance with the applicable financial reporting framework.  In addition, Tse's firm acted as auditor of one of the companies when it had a close business relationship with that company.

Order:
Reprimand; and cancellation of practising certificate with effect from 15 October 2017 and no practising certificate shall be issued to the Respondent for 6 months

Penalty:
HK$50,000
 
Cost
HK$123,108

Corrigendum

Extract of Reasons and Order

So Kwok Keung, Keith

Press release:

(ENG)

(CHI)

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

So is a practising director of a corporate practice. The practice was selected for a practice review and significant deficiencies were found in the Practice's audit engagement of a Hong Kong listed company. So was the engagement director for the audit engagement.

Order:
Reprimand

Penalty:
HK$60,000
 
Cost
HK$33,004

Extract of Reasons and

Order

Poon Wai Kit

Press release:
(ENG)

(CHI)

Poon was convicted of theft in the District Court in July 2016.  He also falsified or caused to be falsified documents.

Poon misappropriated a total sum of about HK$12 million during his employments with two companies.  He falsified certain documents to cover up his acts.

Charles Pearson Fearn

Press release:
(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards and guilty of professional misconduct.

Fearn was the sole proprietor of a CPA firm which audited the financial statements of a company for four consecutive periods. The company was registered and regulated under the Trustee Ordinance to provide trust services. There were significant deficiencies in planning the audits, obtaining evidence and preparing audit documentation. As a result, Feam did not properly verify the company's compliance with the relevant legal and regulatory framework, the nature of significant balances between the company and related parties, and the implications of large sums of the company's client monies not being held separately at a bank.

Order:

Cancellation of practising certificate with effect from 15 August 2017 and no practising certificate shall be issued to the Respondent for 12 months.

Penalty:
-
 
Cost
HK$60,069
 
Extract of Reasons and Order

Cheung Chun Bong

Press release:
(ENG)

(CHI)

Conviction of an offence involving dishonesty.

Cheung was convicted in May 2016 at the Magistrates' Court of theft.

Order:

Reprimand
 
Penalty:
HK$5,000
 
Cost
HK$21,497.4
 
Extract of Reasons and Order

1) Lai Ka Cheung, Andrew

2) Andrew K. C. Lai & Company

Press release:

(ENG)

(CHI)

The 1st and the 2nd Respondent failed to comply with a number of professional standards in their audits and were guilty of professional misconduct as a result of their multiple and repeated failures.

The 1st Respondent is the sole proprietor of the 2nd Respondent which was the auditor an approved charitable institution in Hong Kong. The 2nd Respondent expressed an unqualified opinion in each of the auditor's reports issued on the Company's financial statements for six years ended from 31 March 2010 to 2015.  Deficiencies were found in the audit work carried out by the respondents in all six years.

Order:
1st Respondent
Cancellation of practising certificate with effect from 19 July 2017 and no practising certificate shall be issued to him for one year.

2nd Respondent
Reprimand
 
Penalty:
-
 
Cost
HK$77,140
 
Extract of Reasons and Order

Wong Kong Yiu,
Nigel

Press release:
(ENG)

(CHI)

Wong failed to comply with the Corporate Practices (Registration) Rules and Corporate Practices (Professional Indemnity) Rules. He was also in breach of section 110.2 of the Code of Ethics for Professional Accountants and guilty of dishonourable conduct. In addition, Wong failed to comply with a direction issued by the Practice Review Committee ("PRC") without reasonable excuse.

Wong was the sole practising director and shareholder of a corporate practice. He failed to renew Professional Indemnity Insurance ("PII") cover of his practice for four consecutive years and to arrange Run-Off cover upon the de-registration of the practice. In addition, Wong falsely declared to the Institute that the practice had PII cover when he applied for renewal of the practice's registration for each of the four years.

Wong's other practice was selected for a practice review. He failed to comply with a direction of the PRC requiring him to cooperate with the practice reviewer to confirm a date for the site visit.

Order:

Removal from the register of CPAs for 5 years with effect from 19 July 2017

Penalty:

-

Cost

HK$94,050

Corrigendum

Extract of Reasons and Order

Chan Wone Yee

Press release:
(ENG)

(CHI)

Chan was convicted of an offence involving dishonesty and guilty of conduct which renders her unfit to become a certified public accountant under by-laws 34(1)(b) and 34(1)(d) of the Professional Accountants By-Laws.

Chan was registered as a student. She falsified a reference letter purporting that it was issued by her former employer and used the letter to successfully apply for a job. Chan was convicted in the Magistrates' Courts of obtaining pecuniary advantage by deception under the Theft Ordinance. In replying to the Institute's enquiry of her about the matter, Chan made untruthful submissions.

Order:
Removal from student register with effect from 5 July 2017

Penalty:
-

Cost:
HK$46,908.40
 
Extract of Reasons and Order

1) Pan-China (H.K.) CPA  

     Limited
2) Tsang Chiu Keung
3) Chan Kin Wai

Press release:
(ENG)

(CHI)

The 1st and 2nd Respondents were in breach of auditing standards and the Fundamental Principle of Professional Competence and Due Care in the Code of Ethics for Professional Accountants. The 3rd Respondent was in breach of HKSA220.

The 1st Respondent audited the financial statements of a Hong Kong listed company and its subsidiaries for the years ended 31 December 2010 and 2011 and expressed an unmodified auditor's opinion for each of the two years. The 2nd Respondent was the engagement director for both years.  The 3rd Respondent was the engagement quality control reviewer for 2011 audit.

The complaint concerned deficiencies in the audit work conducted on impairment assessment of the company's interests in natural resource extraction and mining projects included in the financial statements.

Order:
Reprimand

Penalty:
1st Respondent
HK$80,000
2nd Respondent
HK$50,000
 3rd Respondent
HK$60,000

Cost of HKICPA
HK$42,580
 
Cost of FRC
HK$82,805.30

Extract of Reasons and Order

Ip Wing Lun, Allan

Press release:
(ENG)

(CHI)

Guilty of dishonourable conduct under section 34(1)(a)(x) of the Professional Accountants Ordinance.

Ip was convicted of conspiracy to offer advantages to the chairman of a listed company in Hong Kong.  The advantages were offered to induce the chairman to act in a fraudulent scheme concerning the company's substantial acquisition of a mining business.  Ip participated actively in that scheme.

Order:
Removal from the register of CPAs for 8 years with effect from 30 June 2017

Penalty:
-

Cost:
HK$22,618

Extract of Reasons and Order

So Kin Po

Press release:
(ENG)

(CHI)

Convicted of an offence involving dishonesty.

So submitted falsified documents in his application to the Continuing Education Fund of the Hong Kong Government ("CEF") for reimbursement of the Qualification Programme course fees. The CEF office discovered the falsified documents and reported the matter to the police.  So was convicted in the Magistrates' Courts for fraud.

Order:
Removal from the register of CPAs for 5 years with effect from 17 January 2017

Penalty:
-

Cost:
HK$88,326.3

Extract of Reasons and Order

Wong Wing Hong

Press release:
(ENG)

(CHI)

Order:

Reprimand; and
Practising certificate shall not be issued to him for 2016 and 2017

Penalty:
HK$60,000

Cost:
HK$24,730

Extract of Reasons and Order

1)Yuen Suk Ching
2)Leung Tai Keung

Press release:
(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute. 

The 1st Respondent was in breach of HKSA 700 Forming an Opinion and Reporting on Financial Statements and HKSA 500 Audit Evidence.  The 2nd Respondent was in breach of HKSA 220 Quality Control for an Audit of Financial Statements.

The complaint concerned deficiencies in the audit work carried out on an investment in two convertible bonds recorded in the financial statements of a Hong Kong listed company.

Order:
Reprimand

Penalty:
1st Respondent
HK$70,000

2nd Respondent
HK$50,000

Cost of HKICPA
HK$36,055

Cost of FRC
HK$18,068.60

Extract of Reasons and Order

Chow Chi Hing

Press release:
(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply the fundamental principle of professional competence and due care under section 100.5(c), as elaborated in section 130 of the Code of Ethics for Professional Accountants.

Chow practiced in his own name and issued an auditor's report on the financial statements of a private company for the year ended 31 December 2011.  The auditor's report did not include a modified opinion in respect of the Company's failure to disclose a material amount owed to a director and payments to directors as related party transactions in the financial statements.

Order:

Reprimand

Penalty:
HK$15,000

Cost:
HK$60,021

Extract of Reasons and Order

Ng Kwong Sang

Press release:
(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply HKSQC 1 and the fundamental principles of integrity and professional competence and due care under sections 100, 110 and 130 of the Code of Ethics for Professional Accountants.

The complaint arose from findings of a practice review visit on the Respondent's Practice. The Respondent was found to have failed to establish, maintain and document an effective system of quality control in respect of monitoring and provided false or misleading answers in the electronic self-assessment questionnaire.

Order:
(a) Reprimand; and
(b) Cancellation of practising certificate with effect from 22 September 2016 and no practising certificate shall be issued to him for one year.

Penalty:
HK$65,000
 
Cost:
HK$26,123

Extract of Reasons and Order

Au Yeung Keung, Steve

Press release:
(ENG)

(CHI)

Order:
Removal from the register of CPAs for 3 years with effect from 18 September 2016

Penalty:

N/A

Cost:
HK$200,000

Corrigendum

Extract of Reasons and Order

Lam Kin Kun, Arthur

Press release:

(ENG)
(CHI)

Order:
Cancellation of practising certificate with effect from 6 September 2016 and no practicing certificate shall be issued to him for twelve months

Penalty:
N/A

Cost:
HK$37,648

Extract of Reasons and Order

Wu Kit Man, Athena

Press release:
(ENG)

(CHI)

Order:
Reprimand
 
Penalty:
HK$5,000
 
Cost:
HK$28,211

21 April 2016

Sek Wai Tong, Stonely

Press release:

(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply HKSQC 1 and a number of other professional standards.

The complaint arose from findings of the follow-up practice review visit on the Respondent's Practice.  The Respondent was found to have continued to fail to implement an adequate system of quality control and address audit deficiencies which were identified in the previous practice review. 

Order:
Reprimand
 
Penalty:
HK$50,000
 
Cost:
HK$34,672

Extract of Reasons and Order

Chan Ying Kit

Press release:

(ENG)
(CHI)

Failure or neglect to observe, maintain or otherwise apply Hong Kong Standard of Auditing ("HKSA") 500 Audit Evidence and HKSA 700 Forming an Opinion and Reporting on Financial Statements.

Chan audited the financial statements of two Hong Kong private companies for the period ended 31 December 2010.  In one of the audits, Chan failed to obtain sufficient evidence for a material expenditure.  In the other audit, he failed to assess the adequacy of financial statement disclosure and obtain sufficient evidence to conclude the financial statements were free of material misstatements, regarding investments in two subsidiaries.

Order:
Reprimand
 
Penalty:
HK$50,000
 
Cost:
HK$96,158.60

Corrigendum

Extract of Reasons and Order

Chan Bing Chung

Press release:

(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply paragraphs 100.4(c) and 130.1 of the Code of Ethics for Professional Accountants for failure to act diligently when carrying out the work as an engagement quality control reviewer ("EQCR") in the audit of the 2009 financial statements of a Hong Kong listed company.

The company failed to correctly account for issued share options in its 2007, 2008 and 2009 financial statements in accordance with International Financial Reporting Standard 2 "Shared-based Payment".

The Respondent's appeal against the Disciplinary Committee's decision was dismissed by the Court of Appeal on 6 March 2018 (CACV 47/2016).  Following this, his practising certificate was cancelled on 4 April 2018. 

Order:
Cancellation of practising certificate with effect from 4 April 2018 and no practising certificate shall be issued to him for 9 months.

Penalty:
HK$50,000

Cost:
HK$125,966.7 (including FRC costs)

Extract of Reasons and Order

1) Leung Kam Man Victor
2) WB CPA Limited

Press release:
(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply the Corporate Practices (Registration) Rules, Hong Kong Standard on Auditing 230 and 500, sections 130 and 440 of the Code of Ethics for Professional Accountants and guilty of professional misconduct.

The 2nd Respondent was appointed as auditor of six private companies and completed audits of the financial statements of two of the companies. The 1st Respondent was the engagement director. There were deficiencies in the two audits completed and in the engagement acceptance procedures for all six companies.

Order:
1st Respondent
Cancellation of practising certificate with effect from 9 February 2016 and no practising certificate shall be issued to him for 3 months.

2nd Respondent
Reprimand

Penalty:
N/A

Cost:
HK$69,812

Extract of Reasons and Order

Ho Lap Wing, Anthony

Press release:
(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply HKSQC 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 paragraph 100.5(c) and 130 Code of Ethics for Professional Accountants ("COE").

Order:
Cancellation of practising certificates issued to the Respondent in 2015
and the same shall not be issued to him for year 2016

Penalty:
N/A

Cost:
HK$22,226

Extract of Reasons and Order

1) Choi Man Chau, Michael
2) Chan Kin Wai
3) Pan China (HK) CPA 

     Limited

Press release:

(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute.

The 1st and the 3rd Respondents were in breach of HKSAs 230 Audit Documentation and 500 Audit Evidence.

The 2nd Respondent was in breach of HKSA 220 Quality Control for an Audit of Financial Statements.

In addition, the 1st and 2nd Respondents were in breach in the Fundamental Principle of Professional Competence and Due Care in sections 100 and 130 of the Code of Ethics for Professional Accountants.

Order:
All three respondents:
Reprimand

Penalty:
1st & 2nd Respondents
HK$12,000

3rd Respondent
HK$50,000

Cost:
HK$83,215.6

Extract of Resons and Order

1) Cheng Chi Pang
2) Leslie Cheng & Co.

Press release:
(ENG)

(CHI)

Failure or neglect to observe, maintain or otherwise apply professional standards issued by the Institute.

The 1st Respondent was in breach of  HKSA 220 and paragraphs 100.4 and 130.1 of the Code of Ethics for Professional Accountants

The 2nd Respondent was in breach of a number of auditing standards.

Order:
All two respondents:
Reprimand

Penalty:
1st Respondents
HK$100,000
2nd Respondent
HK$200,000

Cost:
1st Respondents
HK$10,250

All two respondents

HK$280,788.7

Extract of Resons and Order

Poon Ming Pui

Press release:
(ENG)

(CHI)

Conducting himself in a manner inconsistent with the good reputation of a professional accountant in breach of Statement 1.200 which applied up to June 2006, and failure or neglect to observe, maintain or otherwise apply Fundamental Principle of Integrity in sections 100 and 110 of the Code of Ethics for Professional Accountants which applied from July 2006.

The Respondent made several materially false or misleading declarations to his employers in which he failed to disclose securities trading activities he carried out through two of his friends' securities accounts.  The Securities and Futures Commission took disciplinary action against the Respondent, banning him from re-entering the securities industry for 10 months from January 2014.

Order:
Removal from the register of CPAs for 1 year with effect from 18 January 2016

Penalty:
HK$10,000

Cost:
HK$21,947

Extract of Reasons and Order

1) Lo Shung Chi

2) Ngai Wai Chung

3) Jonten Hopkins CPA Ltd.

Press release:

(ENG)

(CHI)

The 3rd Respondent failed or neglected to observe, maintain or otherwise apply a number of auditing standards in the audit of a Hong Kong listed company.

All three respondents were in breach of the fundamental principle of "Professional Competence and Due Care" in section 100 and 130 of the Code of Ethics for Professional Accountants; and

The 1st and 3rd Respondents were guilty of professional misconduct.

Order:

1st Respondent
Cancellation of his practising certificate  and no practising certificate shall be issued to him for one year.

2nd & 3rd Respondents.

Reprimand

Penalty:

1st Respondent

HK$100,000

2nd Respondent

HK$40,000

3rd Respondent

HK$80,000

Costs:

HK$32,500

Order 

Reasons for Decision

To cooperate with the Institute to complete a practice review on his practice. Payments of penalty and costs of totaling HK$283,468.

Extract of Resons and Order

Reprimand and payment of penalty and costs of totaling HK$69,473.

Extract of Reasons and Order

Reprimand and payments of penalty and costs totaling HK$78,696

Extract of Reasons and Order

Chow Ho Tung, Anthony

Press release:

(ENG)

(CHI)

Order:
Permanent removal from the register of CPAs with effect from 22 October 2015.

Penalty:

N/A

Cost:
HK$24,066

Exact of Reasons and Order

Reprimand and payments of penalty and costs of totaling HK$82,000.

Decision on Costs

Reasons for Decision
 

Reprimand and payments of penalty and costs of totaling HK$36,118.

Extract of Reasons and Order

Reprimand and payments of penalty and costs of totaling HK$47,436

Extract of Reasons and Order

LEUNG, Kent Ning, Louis

Press release:

(ENG)

(CHI)

Order:
Cancellation of practising certificates issued to the Respondent in 2015
and the same shall not be issued to him for year 2016

Penalty:
HK$100,000

Cost:
HK$100,000

Extract of Resons and Order

34(1)(a)(vi)

34(1A)

Failure or neglect to observe, maintain or otherwise apply: Hong Kong Standard on Auditing ("HKSA") 500 Audit Evidence, HKSA 200 Objective and General Principles Governing an Audit of Financial Statements, HKSA 315 Understanding the Entity and Its Environment and Assessing the Risks of Material Misstatements, and HKSA 700 The Independent Auditor's Report on a Complete Set of General Purpose Financial Statements.

The respondents failed to comply with auditing standards in their work carried out on the recognition and valuation of mining and exploration rights acquired by a listed company for the years ended 31 December 2008 and 2009.

Reprimand and payments of penalty and costs of totaling HK$211,351.4

Penalty:
HK$100,000 for each respondent

Cost:
Costs of HKICPA and FRC
HK$113,351.40

Extract of Reasons and Order

Failure or neglect to observe, maintain or otherwise apply:

(a) Statement of Auditing Standards ("SAS") 400 "Audit Evidence", SAS 230 "Documentation" and SAS 200 "Audit Planning" applying in 1998 and 1999 and the corresponding standards applying in 1997 in the audit of the consolidated financial statements of a company formerly listed in Hong Kong.

(b) Professional Ethics Statement 1.200 in that the respondents failed to carry out professional work with a proper regard to technical and professional standards.

Reprimand and payments of penalty and costs of totaling HK$1,751,071.

Extract of Reasons and Order