KUCHING, June 23: Practising accountants should not have the fallacy that paying a fine will resolve an allegation or disciplinary investigation for non-compliance with professional conduct or rules and regulations as the publication of a sentencing in a gazette or a newspaper will leave a permanent black mark on their professional career.
Sarawak United Peoples’ Party (SUPP) Dudong branch chairman Wong Ching Yong said practising accountants should instead seek legal advice at the earliest opportunity if they feel that the disciplinary investigation by regulators is unfair and unjustified.
This advice came following the Court of Appeal’s ruling in Wong’s favour against the decision of the disciplinary board of the Malaysian Institute of Accountants (MIA) over one of his audit working papers being non-compliant with auditing standards.
The reversed ruling brought much relief to Wong after six years, who would otherwise have to pay a fine of RM3,000.
“To the best of my knowledge, there were many senior practising accountants in Sarawak who were also found guilty of not complying with auditing standards in their audit working papers.
“They were fined a certain sum of money and their sentences were subsequently published in the gazette and national newspapers. Many senior practising accountants told me that they were deeply embarrassed by the publication of their sentences.
“As such, my suggestion to the practising accountants is that in the event of any investigation, they should seek legal opinion if they find that the disciplinary committee did not comply with the rules and regulations of the disciplinary by-laws and/or was unfair in the hearing proper,” he emphasised in a statement today.
On June 21, the Court of Appeals sitting in Kuching unanimously overturned the earlier decision delivered by the Judicial Commissioner of Sibu High Court for reason being that the disciplinary board of MIA had committed errors of procedural impropriety during the hearing of Wong’s case and its decision was arrived without hearing any witness being called by MIA.
The Court of Appeal also ordered any fine previously paid by Wong be returned by MIA and any publication made regarding his conviction of unprofessional conduct be retracted.
The Court also awarded costs of RM15,000 to the successful appellant.
Wong expressed his gratitude to his lead counsel Albert Tang as well as other senior lawyers Datuk Wong Rhen Yen, Victor Lau, Gordon Tang and Wong Woan Yi as well as Dr Chew Peng Hui and George Lim who have worked tirelessly and professionally on a pro bono basis in helping him throughout the years. — DayakDaily
