Discipline

Discipline

Members and graduates of the HKCGI being governance professionals shall observe the highest standards of professional conduct and ethical behaviour in all their work and activities. The Investigation Group, Disciplinary Tribunal and Appeal Tribunal are the independent disciplinary bodies stipulated in the Charter and Byelaws of The Chartered Governance Institute and the Articles of Association of the Institute.

1. Standard of Professional Conduct

HKCGI Article 21 - Standard of Professional Conduct

“Every member on election to membership and so long as he remains a member shall be deemed to have undertaken strictly to observe the standard of professional conduct and practice required by the Council and comply with any code of conduct, rules of professional ethics, practice directions, rules and regulations governing professional conduct and practice including the conditions for the issue of practising certificates by the Council.”

“Each graduate and each registered student shall strictly observe the standard of professional conduct and practice required by the Council and comply with any code of conduct, rules of professional ethics, practice directions, rules and regulations governing professional conduct and practice of members unless the Council or the Disciplinary Tribunal otherwise decide or they are otherwise inapplicable by the reason of their not having acquired the minimum years of experience, training or passing the prescribed examinations.”

HKCGI Code of Professional Ethics and Conduct

The Code of Professional Ethics and Conduct of the Institute comprises four core principles to which all members, graduates and registered students must adhere, that is (1) Integrity, (2) High standard of service/professional competence, (3) Transparency and (4) Professional behaviour.

Click here to learn more details for the Code and here to download the full version of The Code of Professional Ethics and Conduct.

2. Lodge a complaint

If you would like to lodge a complaint against a member/graduate/registered student of the Institute, please file your complaint by completing, signing and submitting the Complaint Form to us by post to ‘Chief Executive, The Hong Kong Chartered Governance Institute at 3/F, Hong Kong Diamond Exchange Building, 8 Duddell Street, Central, Hong Kong’ and mark ‘Private and Confidential’ on the envelope; or by email to ce@hkcgi.org.hk; or in person.

Click here to download the Disciplinary Procedures and Proceedings Flow Chart.

A valid complaint must be supported by evidence that is sufficient to show the possibility of alleged improper acts or professional misconduct committed by a member/graduate/registered student.

Unsubstantiated allegations (including anonymous complaints) CANNOT be processed.

If the misconduct complaint case is already under disciplinary proceedings, no voluntary resignation on membership/graduateship/studentship would be processed. Application to resign from membership/graduateship/studentship could only be processed upon settlement of all outstanding payments.

3. Disciplinary Regulations

The investigation, hearing and appeal procedures at the Investigation Group, Disciplinary Tribunal and Appeal Tribunal relating to the disciplinary process are set out under the Disciplinary Regulations.

4. Misconduct Cases
Name Nature of Case Penalties Decision/Order
2021
Mr. Cheng Po Yuen Failure to perform sufficient audit procedures and prepare adequate documentation in breach of the requisite professional standards expected of him.
  • Public reprimand
  • Payment of the Institute’s costs (HK$5,000)
Click here
Ms. Wong Nam Marian Insider dealing in breach of the requisite professional standards expected of her.
  • Membership suspension for 2 years
  • Public reprimand
  • Payment of HK$25,000 fine
  • Payment of the Institute’s costs (HK$5,000)
Click here
Mr. Liu Yu Keung Stephen Breaches of the requisite professional standards relating to certain of the Member’s actions while acting as liquidator in an insolvency case.
  • Suspension of Membership until the resolution of a related litigation whereupon the Disciplinary Tribunal will make its final determination.
  • This decision shall be published on the Institute’s website, with a summary in the CGj journal
  • Payment of the Institute’s costs (HK$50,000).
Click here
2020
Ms. Chan Mei Mei Follow on from HKICPA discipline
  • Public reprimand
  • Payment of the Institute’s costs (HK$5,000)
Click here
Mr. Yiu Ka Lun Ken From criminal insider dealing convictions
  • Membership suspension for 2 years
  • Public reprimand
  • Payment of the Institute’s costs (HK$10,000)
Click here
Ms. Chan Wai Ling Follow on from HKICPA discipline
  • Public reprimand
  • Payment of the Institute’s costs (HK$5,000)
Click here
Mr. So Kwok Keung Keith Follow on from HKICPA discipline
  • Public reprimand
  • Payment of the Institute’s costs (HK$3,000)
Click here
2019
Mr. Chow Chi Wa From breach of GEM Board Listing Rules requirements
  • Public reprimand
  • Payment of HK$25,000 fine
  • Payment of the Institute’s costs (HK$3,000)
Click here
Mr. Cheung Yiu Hung Follow on from HKICPA discipline
  • Public reprimand
  • Payment of the Institute’s costs (HK$3,000)
Click here
Mr. So Kwok Keung Keith Follow on from HKICPA discipline
  • Public reprimand
  • Payment of the Institute’s costs (HK$10,000)
Click here
2018
Mr. Mok Wing Kai Henry From MMT determination of the provision of materially false or misleading information in dealings of shares
  • Membership suspension for 2 years
  • Public reprimand
  • Payment of HK$25,000 fine
Click here
2017
Ms. Chan Ka Yan From making a false representation of being a member of the Institute when she was a graduate.
  • Graduateship removal
Click here
Mr. Ip Wing Lun From criminal conviction relating to conspiracy to offer advantages to an agent
  • Membership removal
Click here
Ms. Wong Nam, Marian From MMT determination of negligence in performing duty as company secretary.
  • Public reprimand
  • Payment of the Institute’s fine (HK$25,000)
  • Listing Rules trainings (within 6 months)
Click here
2016
Ms. Wong Po Ling, Pauline Follow on from HKICPA discipline
  • Membership suspension for 12 months
  • Public reprimand
  • Payment of HK$25,000 fine
Click here
Mr. Ip Wing Lun Follow on from HKICPA discipline
  • Membership suspension for 12 months
  • Publicly reprimand
  • Payment of the Institute’s fine (HK$25,000)

Note: membership removed under subsequent case above

Click here
Name Nature of Case Date of Suspension / Removal Decision/Order
Ms. Wong Nam Marian Insider dealing
  • Membership suspension for 2 years (to 25 Feb 2024).
Click here
Mr Liu Yiu Keung Stephen Breaches of the requisite professional standards relating to certain of the Member’s actions while acting as liquidator in an insolvency case.
  • Suspension of Membership until the resolution of a related litigation whereupon the Disciplinary Tribunal will make its final determination.
Click here
Mr. Yiu Ka Lun Ken From criminal insider dealing convictions
  • Membership suspension for 2 years (to 4 Jan 2023)
Click here
Ms. Chan Ka Yan From making a false representation of being a member of the Institute when she was a graduate.
  • Membership removal (from 9 Feb 2018)
Click here
Mr. Ip Wing Lun From criminal conviction relating to conspiracy to offer advantages to an agent
  • Membership removal (from 9 Feb 2018)
Click here
5. Continuing Professional Development (CPD) non-compliance

A material breach of the Institute’s CPD requirements by members/graduates of the Institute may be regarded as professional misconduct and be processed accordingly. Mitigating factors could be taken into account in assessing individual cases. CPD non-compliance cases will first be referred to the Investigation Group and if they are found to be serious, they shall then be referred to the Disciplinary Tribunal for further consideration and decision.

Sanctions or penalties imposed by the Disciplinary Tribunal may involve the imposition of a fine, censure or other forms of penalty and in severe cases, removal from membership/graduateship register.

Pursuant to the Charter and Byelaws of The Chartered Governance Institute and the Articles of Association of the Institute, where disciplinary action is being considered against a member/graduate, his/her membership shall not lapse until the procedure is completed.

If a CPD non-compliance case is already under disciplinary proceedings:

  • no voluntary resignation on membership/graduateship would be processed. Application to resign from membership/graduateship could only be processed upon settlement of all outstanding payments and fulfilment of CPD requirements;
  • the member/graduate concerned shall report and update the Institute Secretariat on a quarterly basis to demonstrate his/her effort in fulfilling the CPD requirements; and
  • attendance at a disciplinary hearing will be required if the member/graduate concerned fails to rectify his/her alleged contravention.

For the compliance of 2017/2018 CPD requirements and onwards, the Disciplinary Tribunal has decided the following being effective from 25 July 2018:

  • no further extension of time before a disciplinary hearing will be given by the Disciplinary Tribunal to the member/graduate concerned to rectify his/her alleged contravention as ample opportunities have been given by the Professional Development Committee;
  • a notice to disciplinary hearing will be issued to the member/graduate concerned and the case will be proceeded to a disciplinary hearing directly;
  • a fine payable at a minimum of HK$3,000 will usually be imposed for each breach of CPD requirement;
  • the member/graduate concerned will still be required to rectify his/her breach within a prescribed period; and
  • the progressive scale of penalties decided by the Disciplinary Tribunal on and being effective from 10 June 2015 will continue to apply as follows:
    • a fine payable by the member/graduate concerned (HK$3,000 per year of CPD non-compliance);
    • suspension of all rights of membership/graduateship until such time as he/she is able to demonstrate fulfilment of outstanding CPD points; and
    • removal from the register of membership/graduateship.
2020/2021
Cheng Wing Heng Janet
Lam Kin Ming Edward
Lok Mun Wai Lousia Christine
Ma Yin Jean
Cheung Wang Fat Joseph
Wong Choi Fung
2019/2020
nil
2018/2019
Choy Chung Wah Tsui Chi Keung Wilfred
2017/2018
Au Young Hin Lap (*Note)
Chan May Yi Nicole
Cheng Koon Wai
Chu Siu Lun
Chu Siu Pui
Ho Yau Choi
Kwan Pok Man Daniel
Law Chui Yuk
Leung Ho Yi Jennifer
Ng Yuen Yi
Poon Koon Yu Jeanie
Tam Kam Yee
Tong Man
Tsang Wai Yee Terri
Wong Kin Hung
Wong Sze Man
Wong Yin Ping Rebecca
Yan Miu Ping

*Note: Au Young Hin Lap was re-elected as a member on 26 November 2018.

Year Complaints Removal of members/graduates
2015/2016 61 18
2016/2017 51 2
2017/2018 40 29
2018/2019 4 2
2019/2020 5 4
2020/2021 2 2
2021/2022 0 0
6. Penalties and costs

Pursuant to the Charter and Byelaws of The Chartered Governance Institute and the Articles of Association of the Institute, the penalties and costs are as follows:

24.1 The Disciplinary Tribunal can impose one or more of the following outcomes as part of its decision under byelaws 23.8 and 23.9:

  • issuing a written reprimand;
  • ordering the member to pay costs incurred by the Investigation Group and the Disciplinary Tribunal;
  • imposing a fine on the member;
  • ordering the member to pay restitution;
  • cancelling the member’s practising certificate and requiring them to return it;
  • suspending the member for a specified period, and deciding whether the member should continue to be liable to pay their subscription while suspended;
  • calling for, and accepting, the member’s resignation;
  • expelling the member, and removing their name from the membership register.

24.2 A penalty does not affect the member’s liability to pay any subscription which is due at the time of the decision or any other money they owe to the Institute at that time.

24.3 The Disciplinary Tribunal can require the complainant to pay costs in the event that the complaint is unwarranted or found to be groundless or vexatious.

24.4 Subject to the right of appeal in byelaw 25, a decision of the Disciplinary Tribunal is final and binding on all parties and must be reported to the Council and recorded by the Secretary.

27.1 The penalty or penalties which may be imposed by the Disciplinary Tribunal as part of its decision referred to in Article 26.4 above may be to do any one or more of the following:

  • excluding the member, graduate or registered student concerned from the respective membership, graduateship or studentship (as the case may be) and removing his name from the appropriate register;
  • calling for and accepting the resignation of the member, graduate or registered student;
  • suspending all or any of his rights of membership, graduateship or studentship including the right to hold any particular class of membership, graduateship or studentship (with or without liability for continuing payment of annual subscriptions);
  • cancelling and calling for the return of any practising certificate or Practitioner’s Endorsement certificate;
  • imposing a fine payable by the member, graduate or registered student;
  • reprimanding the member, graduate or registered student;
  • ordering the member, graduate or registered student to pay costs incurred by the Investigation Group and the Disciplinary Tribunal; or
  • ordering the member, graduate or registered student to pay restitution, in all cases without prejudice to the rights of the Institute to recover any arrears of subscription or any moneys due from the member, graduate or registered student to the Institute. The decision shall also include a ruling as to whether and by what means any penalty or penalties to be imposed shall be given publicity and if so whether the member, graduate or registered student shall be named.

27.2 The Disciplinary Tribunal can require the complainant to pay costs in the event that the complaint is unwarranted or found to be groundless or vexatious.

27.3 Subject to the right of appeal in Article 28, a decision of the Disciplinary Tribunal is final and binding on all parties and must be reported to the Council and recorded by the Secretary.

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