Investigations

Policy

The Council will consider the appointment of an Investigation Committee when it becomes aware of a matter which gives the Council a reasonable suspicion or belief that a member or member practice has not followed professional standards issued by the Institute or has committed other improper acts and the powers of an Investigation Committed are required to facilitate the consideration by the Council of whether to make a referral to the Disciplinary Panels.

Role

An Investigation Committee investigates the conduct of a member or member practice of the Institute and reports to the Council whether, in its opinion, were a complaint that the member or practice has not followed professional standards issued by the Institute or has committed other improper acts made under section 34(1) of the Professional Accountants Ordinance, the member or member practice would have a case to answer. 

Following the commencement of operations by the Financial Reporting Council (FRC) in July 2007, responsibility for investigation of matters involving listed entities has been assumed by the FRC. Accordingly, the Institute is only responsible for investigations of non-listed entities and those involving listed entities which commenced before July 2007.

Enabling legislation/authority

Investigation proceedings are governed by Part VA of the Professional Accountants Ordinance.

The Process

1.	An Investigation Committee comprises five independent persons selected as follows:
	(a)	three members, including the chairman, from Investigation Panel A, which comprises no fewer than 18 lay persons appointed by Government; and
	(b)	two members (at least one of whom must hold a a practising certificate) from Investigation Panel B, which comprises no fewer than 12 members of the Institute appointed by the Council.
2.	The Investigation Committee conducts its investigation and reports to the Council;
3.	The Council considers the report of the Investigation Committee and decides whether to refer the matter to the Disciplinary Panels or take other appropriate actions.

Process Overview

Statistics

Investigation Committee cases in progress: