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The can-do chief - Hong Kong Institute of Certified Public Accountants

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ISSUE 6 VOLUME 8 JUNE 2012<br />

<strong>The</strong><br />

<strong>can</strong>-<strong>do</strong><br />

<strong>chief</strong><br />

Winnie Cheung<br />

looks back at her<br />

eight years as<br />

<strong>chief</strong> executive<br />

HK$70.00<br />

PLUS<br />

• Accounting for babies<br />

• <strong>Accountants</strong> and lawyers team up<br />

• Speaking tips for auditors at AGMs


“ Please also join me<br />

in thanking Winnie<br />

for her dedication<br />

to the <strong>Institute</strong><br />

over the past 22<br />

years, especially<br />

the last eight years<br />

as <strong>chief</strong> executive.<br />

<strong>The</strong> <strong>Institute</strong> would<br />

not have attained<br />

its present level<br />

<strong>of</strong> achievement<br />

without her.”<br />

President’s message<br />

Changing <strong>of</strong> the guard<br />

Dear members,<br />

In May I wrote an email to all members announcing<br />

that the council has appointed<br />

Raphael Ding as the new <strong>chief</strong> executive<br />

and registrar <strong>of</strong> the <strong>Institute</strong> effective 1 July<br />

2012. He will succeed Winnie Cheung, who has<br />

held the position since 2004 and who will retire.<br />

With many years <strong>of</strong> experience in practice and<br />

business and with experience in working within<br />

the <strong>Institute</strong>’s council and committees, Raphael<br />

has shown his knowledge and understanding <strong>of</strong><br />

the diverse and complex nature <strong>of</strong> the <strong>Institute</strong><br />

and the pr<strong>of</strong>ession it represents. We look forward<br />

to working with Raphael and please join<br />

me and the council members in welcoming him<br />

into this challenging and rewarding role.<br />

Please also join me in thanking Winnie for<br />

her dedication to the <strong>Institute</strong> over the past 22<br />

years, especially the last eight years as <strong>chief</strong> executive.<br />

<strong>The</strong> <strong>Institute</strong> would not have attained<br />

its present level <strong>of</strong> achievement without her energy,<br />

commitment and deep expertise. She will<br />

definitely be missed when she retires at the end<br />

<strong>of</strong> this month.<br />

During this transition, the council and the<br />

management will ensure all projects continue<br />

as smoothly as usual. In particular, we expect<br />

the business conference on 1 June to be another<br />

success, with top speakers from China and<br />

<strong>Hong</strong> <strong>Kong</strong> coming together to talk about some<br />

<strong>of</strong> the most important issues facing pr<strong>of</strong>essional<br />

accountants in business today.<br />

This high level conference gives CPAs a premier<br />

forum to meet other pr<strong>of</strong>essionals who<br />

face similar challenges. <strong>The</strong>y tell us they <strong>of</strong>ten<br />

discover new solutions to problems through<br />

dialogue at these conferences. With these real<br />

benefits, we are planning to hold another big<br />

conference later this year and will keep you<br />

posted on the progress.<br />

We have expanded our cooperation with the<br />

Open University <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong> to provide more<br />

online continuing pr<strong>of</strong>essional development<br />

programmes to our members. <strong>The</strong>re are more<br />

than 50 courses, most <strong>of</strong> which are related to<br />

law, such as contract, intellectual property and<br />

economic law. You <strong>can</strong> check the full list online<br />

and register to learn at your own convenience.<br />

On a legislative issue that affects our auditors,<br />

we have raised our concerns with the<br />

government on a proposed revision under the<br />

Companies Ordinance rewrite, which is about<br />

<strong>of</strong>fences relating to the contents <strong>of</strong> auditor reports<br />

and the potential implications for criminal<br />

liability <strong>of</strong> our members. <strong>The</strong> Companies Bill<br />

team later amended the wording, but questions<br />

remain whether criminal sanctions are necessary<br />

given the <strong>Institute</strong>’s power to discipline<br />

auditors. We urged the committee to halt the<br />

revision until there are fully rounded proposals<br />

on auditor liability reform. We will continue to<br />

follow up with the Financial Services and the<br />

Treasury Bureau to resolve this.<br />

Lastly, I want to congratulate the good work<br />

<strong>of</strong> our 25.35 group. <strong>The</strong>ir programmes are hosted<br />

by well-known speakers and cater to the diverse<br />

interests <strong>of</strong> its members. Whether you are<br />

young or just young at heart, I encourage you to<br />

join the group or come mingle with them.<br />

Keith Pogson<br />

President<br />

June 2012 1<br />

COLIN BEERE


REGULARS<br />

01 President’s message<br />

04 <strong>Institute</strong> news<br />

06 International news<br />

10 Greater China news<br />

FEATURES<br />

14 Accounting for babies<br />

As <strong>Hong</strong> <strong>Kong</strong>’s fertility rate falls, Liana Cafolla asks if accounting<br />

firms are <strong>do</strong>ing enough to support CPA parents<br />

20 A fond farewell<br />

Winnie Cheung is retiring after eight years as the <strong>Institute</strong>’s <strong>chief</strong><br />

executive. She looks back with George W. Russell<br />

26 <strong>The</strong> odd couple<br />

<strong>Accountants</strong> and lawyers team up in multidisciplinary firms.<br />

George W. Russell finds out if they get along<br />

32 Success ingredient<br />

Mary Au, CFO <strong>of</strong> the WWF in <strong>Hong</strong> <strong>Kong</strong>, tells George W.<br />

Russell why she decided to commit her career to a charity<br />

38 Tough crowd<br />

A new stock exchange rule means auditors must speak at AGMs.<br />

Helen Dalley asks CPAs with speaking experience for advice<br />

SOURCE<br />

44 Auditors at AGMs<br />

As auditors begin attending AGMs, Nathan Dentice and Veronica<br />

To from Reed Smith Richards Butler discuss the legal implications<br />

46 TechWatch 115<br />

<strong>The</strong> latest standards and technical developments<br />

48 Tech Q&A<br />

Your questions about standards answered<br />

54 Events<br />

A guide to forthcoming courses, workshops and member activities<br />

LIFESTYLE<br />

56 Business travel<br />

Honnus Cheung goes to Bangkok<br />

58 After hours<br />

Aloysius Tse on wine; Reno Ong on watches<br />

60 Let’s get fiscal<br />

Nury Vittachi checks out his company’s health plan post-audit<br />

2 June 2012<br />

CONTENTS<br />

ISSUE 06 VOLUME 08 JUNE 2012


26<br />

Your chop Your Logo<br />

About our name: A PLUS stands for excellence, a<br />

reference to our top-notch accountant members who<br />

are success ingredients in business and in society. It<br />

is also the quality that we strive for in this magazine —<br />

going an extra mile to reach beyond grade A.<br />

President: Keith Pogson<br />

Email: president@hkicpa.org.hk<br />

Vice Presidents: Susanna Chiu, Clement Chan<br />

Chief Executive and Registrar: Winnie C.W. Cheung<br />

Email: ce@hkicpa.org.hk<br />

Director <strong>of</strong> Communications: Mindee W. Hansen<br />

Editorial Adviser: Daniel Lin<br />

Editorial Manager: John So<br />

Editorial Coordinator: Maggie Tam<br />

OFFICE ADDRESS:<br />

37/F, Wu Chung House,<br />

213 Queen’s Road East, Wanchai, <strong>Hong</strong> <strong>Kong</strong><br />

Tel: +852-2287-7228 Fax: +852-2865-6603<br />

MEMBER AND STUDENT SERVICES COUNTER:<br />

27/F, Wu Chung House, 213 Queen’s Road East,<br />

Wanchai, <strong>Hong</strong> <strong>Kong</strong><br />

WEBSITE: www.hkicpa.org.hk<br />

EMAIL: hkicpa@hkicpa.org.hk<br />

M&L<br />

Editor: George W. Russell<br />

Managing Editor: Gerry Ho<br />

Email: gerry.ho@mandl.asia<br />

News Editor: Paul Bayfield<br />

Production Manager: Jasmine Hu<br />

Contributors: Liana Cafolla, Helen Dalley, Reno Ong<br />

Design Manager: Fung King-ting<br />

Editorial Assistant: Jennifer Choy<br />

EDITORIAL OFFICE:<br />

2/F, Wang Kee Building,<br />

252 Hennessy Road, Wanchai, <strong>Hong</strong> <strong>Kong</strong><br />

ADVERTISING ENQUIRIES:<br />

Advertising Director: Derek Tsang<br />

Email: derek.tsang@mandl.asia<br />

Tel: +852-2656-2676<br />

A PLUS is the <strong>of</strong>ficial magazine <strong>of</strong> the <strong>Hong</strong> <strong>Kong</strong> <strong>Institute</strong> <strong>of</strong><br />

<strong>Certified</strong> <strong>Public</strong> <strong>Accountants</strong>. <strong>The</strong> <strong>Institute</strong> retains copyright in<br />

all material published in the magazine. No part <strong>of</strong> this magazine<br />

may be reproduced without the permission <strong>of</strong> the <strong>Institute</strong>. <strong>The</strong><br />

views expressed in the magazine are not necessarily shared<br />

by the <strong>Institute</strong> or the publisher. <strong>The</strong> <strong>Institute</strong>, the publisher<br />

and authors accept no responsibilities for loss resulting from<br />

any person acting, or refraining from acting, because <strong>of</strong> views<br />

expressed or advertisements appearing in the magazine.<br />

© <strong>Hong</strong> <strong>Kong</strong> <strong>Institute</strong> <strong>of</strong> <strong>Certified</strong> <strong>Public</strong> <strong>Accountants</strong><br />

June 2012. Print run: 50,500 copies<br />

Subscription: HK$760 for 12 issues per year.<br />

See www.hkicpa.org.hk/aplus for details.


Disciplinary finding<br />

Young Chi-shan, Michael, CPA<br />

Complaint: Young committed dishonourable<br />

conduct when he was the financial<br />

controller <strong>of</strong> a company that was preparing<br />

for a listing application with the <strong>Hong</strong> <strong>Kong</strong><br />

stock exchange at the time when he joined<br />

the company. He was also the central liaison<br />

between the company and its auditors.<br />

Between 2003 and 2007, he acted as the<br />

main witness in a criminal case relating to<br />

the company and gave evidence under immunity.<br />

According to the evidence, he participated<br />

in a conspiracy to falsify the company’s<br />

accounting records and in a scheme<br />

to deceive the auditors. Young admitted the<br />

complaint.<br />

Decision and reasons: Young’s name shall<br />

be removed from the register for a period <strong>of</strong><br />

five years. He must also pay the <strong>Institute</strong> a<br />

penalty <strong>of</strong> HK$100,000 and pay HK$30,000<br />

towards the costs <strong>of</strong> the disciplinary proceedings.<br />

<strong>The</strong> Disciplinary Committee took<br />

Young’s convictions, personal circumstances<br />

and conduct during the proceedings into<br />

consideration when making its decision.<br />

Details <strong>of</strong> disciplinary findings are available<br />

on the <strong>Institute</strong>’s website: www.hkicpa.org.hk<br />

<strong>Institute</strong> interest groups<br />

introduce Facebook pages<br />

<strong>The</strong> <strong>Institute</strong>’s sports and recreation club<br />

has introduced Facebook pages for their<br />

interest groups to make it easier to connect<br />

with members, keep updated with activities<br />

and discover new interests. <strong>The</strong> Facebook<br />

pages are private groups, but all <strong>Institute</strong><br />

members <strong>can</strong> join by completing a membership<br />

verification request.<br />

Members go<br />

go-karting<br />

Nearly 100 members<br />

and guests took part<br />

in a go-karting event<br />

led by <strong>Institute</strong> member<br />

Michael Wong on 12<br />

May in Shenzhen. Alpha<br />

Choi won the championship<br />

in the 80cc category race.<br />

4 June 2012<br />

NEWS<br />

THE INSTITUTE<br />

Raphael Ding appointed<br />

<strong>Institute</strong> <strong>chief</strong> executive<br />

<strong>The</strong> new role starts on 1 July<br />

<strong>The</strong> <strong>Institute</strong> has appointed<br />

Raphael Ding as its new <strong>chief</strong><br />

executive and registrar. He takes<br />

up the position on 1 July and<br />

succeeds Winnie C. W. Cheung,<br />

who will retire on 30 June.<br />

Announcing the appointment,<br />

<strong>Institute</strong> President Keith Pogson<br />

said, “Since joining the council<br />

in 2007, Raphael has served on<br />

many committees, including as chairman <strong>of</strong> the ethics committee and the<br />

pr<strong>of</strong>essional standards monitoring committee, and has shown his knowledge<br />

and understanding <strong>of</strong> the diverse and complex operations <strong>of</strong> the <strong>Institute</strong>.”<br />

Ding has also advised the <strong>Institute</strong> and the Chinese <strong>Institute</strong> <strong>of</strong> <strong>Certified</strong><br />

<strong>Public</strong> <strong>Accountants</strong> on the convergence <strong>of</strong> Chinese auditing and financial<br />

reporting standards with <strong>Hong</strong> <strong>Kong</strong> and international standards. He has<br />

served as a member <strong>of</strong> the financial reporting review panel <strong>of</strong> the Financial<br />

Reporting Council.<br />

A fellow <strong>of</strong> the <strong>Institute</strong> and a member <strong>of</strong> the <strong>Institute</strong> <strong>of</strong> Chartered<br />

<strong>Accountants</strong> in England and Wales, Ding has more than 27 years <strong>of</strong> experience<br />

in the accounting pr<strong>of</strong>ession, including 20 years at international accounting<br />

firms and more than seven years at the <strong>Institute</strong>, then called the <strong>Hong</strong> <strong>Kong</strong><br />

Society <strong>of</strong> <strong>Accountants</strong>, as the director <strong>of</strong> pr<strong>of</strong>essional conduct.<br />

At the time <strong>of</strong> writing, Ding is a member <strong>of</strong> the <strong>Institute</strong>’s council, an<br />

executive director <strong>of</strong> Guoco Group, a <strong>Hong</strong> <strong>Kong</strong> listed investment holding<br />

and management company, and a non-executive director <strong>of</strong> Lam Soon, a <strong>Hong</strong><br />

<strong>Kong</strong>-listed food and household care products company. He plans to resign<br />

from those positions before taking on his new role.<br />

Incoming <strong>Hong</strong> <strong>Kong</strong> <strong>chief</strong> executive<br />

hears accounting pr<strong>of</strong>ession’s views<br />

C. Y. Leung, who will become <strong>chief</strong> executive <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong> on 1 July, met with<br />

Winnie Cheung, the <strong>Institute</strong>’s <strong>chief</strong> executive and registrar, and Susanna Chiu,<br />

the <strong>Institute</strong>’s vice president, to hear the accounting pr<strong>of</strong>ession’s views.<br />

<strong>The</strong> <strong>Institute</strong>, as part <strong>of</strong> the 10 pr<strong>of</strong>essional bodies <strong>of</strong> the Coalition <strong>of</strong><br />

Pr<strong>of</strong>essional Services, presented its proposals on the next round <strong>of</strong> CEPA<br />

negotiations, which included introducing regulations as soon as possible to<br />

enable <strong>Hong</strong> <strong>Kong</strong> CPAs, who have already passed the CICPA qualification<br />

exam and are CICPA members, to register as partner <strong>of</strong> a mainland practice,<br />

and developing a joint qualification programme in both languages.<br />

Leung said he would increase government support for the pr<strong>of</strong>essional<br />

sector by seeking partnership with pr<strong>of</strong>essional bodies.


NEWS<br />

INTERNATIONAL<br />

Facebook makes rocky debut<br />

as regulators weigh inquiries<br />

Price drop takes billions <strong>of</strong>f market capitalization<br />

Facebook shares experienced a<br />

dismal first few days <strong>of</strong> trading<br />

that saw nearly US$20 billion<br />

wiped <strong>of</strong>f its capitalization and<br />

its underwriters stepping in<br />

to support its US$38 per share<br />

opening price.<br />

<strong>The</strong> Internet social network’s<br />

debut was beset by so many<br />

initial problems that Nasdaq, its<br />

exchange, said it was changing<br />

its IPO procedures, while investors<br />

have threatened lawsuits<br />

and regulators may launch<br />

investigations.<br />

<strong>The</strong> much heralded IPO<br />

has turned into an ordeal for<br />

the company, its founder and<br />

majority shareholder Mark<br />

Zuckerberg, its lead underwriter<br />

Morgan Stanley and Nasdaq.<br />

A Morgan Stanley consumer<br />

Internet analyst cut his revenue<br />

Japan’s foreign investments<br />

and assets grew to the second<br />

highest level on record as<br />

companies used the high value<br />

<strong>of</strong> the yen to make acquisitions<br />

abroad.<br />

This trend might help the<br />

Japanese economy cope with<br />

stagnant demand at home,<br />

analysts say. <strong>The</strong> Japanese<br />

economy shrank in three <strong>of</strong> the<br />

past four years, and is struggling<br />

to recover from last year’s<br />

earthquake and tsunami.<br />

<strong>The</strong> country’s national debt<br />

6 June 2012<br />

Mark Zuckerberg seen on a<br />

screen in New York’s Times<br />

Square cheering Facebook’s IPO<br />

forecasts for Facebook in the days<br />

before the <strong>of</strong>fering, reflecting information<br />

that was not disclosed<br />

to the market before the stock<br />

was listed.<br />

<strong>The</strong> issue <strong>of</strong> selective disclosure<br />

drew the attention <strong>of</strong> the<br />

main regulator <strong>of</strong> U.S. brokerages.<br />

“That’s a matter <strong>of</strong> regulatory<br />

concern to us,” said Richard<br />

is the highest in the world, with<br />

borrowings projected to exceed<br />

¥1,000 trillion for the first time<br />

during 2012. <strong>The</strong> country is<br />

also grappling with more than a<br />

decade <strong>of</strong> deflation.<br />

Investments abroad grew<br />

3.3 percent to ¥582 trillion<br />

in 2011, rising for the third<br />

year, the Finance Ministry<br />

told Bloomberg, citing its latest<br />

report.<br />

“[This] report should<br />

provide relief for those who are<br />

concerned about Japan’s fiscal<br />

Ketchum, the Financial Industry<br />

Regulatory Authority’s chairman<br />

and <strong>chief</strong> executive.<br />

Securities and Exchange<br />

Commission Chairman Mary<br />

Schapiro said: “<strong>The</strong>re are issues<br />

that we need to look at specifically<br />

with respect to Facebook.”<br />

JPMorgan Chase, Goldman<br />

Sachs and Bank <strong>of</strong> America<br />

Merrill Lynch, which were also<br />

underwriters on the deal, also<br />

revised their estimates during<br />

Facebook’s IPO roadshow,<br />

Reuters reported.<br />

Facebook itself had urged<br />

analysts working for some <strong>of</strong> the<br />

33 underwriters to lower their<br />

estimates ahead <strong>of</strong> the IPO.<br />

Facebook had issued a revised<br />

prospectus on 9 May, cautioning<br />

the possible negative impact <strong>of</strong><br />

users shifting to mobile.<br />

collapse in the near future,”<br />

said Daiju Aoki, an economist<br />

at UBS in Tokyo. “Japan has<br />

massive foreign assets but this<br />

isn’t as well-known as its debt<br />

problems or deflation.”<br />

Currency gains cut the value<br />

<strong>of</strong> existing holdings but encouraged<br />

increased investment<br />

abroad.<br />

Foreign investors increased<br />

Japanese assets by an extra ¥17<br />

trillion, leaving the net credit<br />

position <strong>of</strong> the country little<br />

changed at ¥253 trillion.<br />

Investment<br />

banks await<br />

Hanoi sell-<strong>of</strong>f<br />

Japan’s foreign assets boom helps <strong>of</strong>fset stagnant demand<br />

AFP<br />

AFP<br />

Investment banking fees in<br />

Vietnam may jump at least 25<br />

percent this year as Hanoi steps<br />

up a push to sell assets and foreign<br />

companies accelerate acquisitions,<br />

according to Credit Suisse.<br />

Vietnam has defied a drop<br />

in investment banking revenue<br />

elsewhere in Asia as the value <strong>of</strong><br />

mergers rose to a six year high in<br />

the first quarter.<br />

<strong>The</strong> Vietnamese government<br />

has pledged to sell stakes in<br />

companies, including Bank <strong>of</strong><br />

Investment and Development <strong>of</strong><br />

Vietnam.<br />

Investment banking fees in<br />

Vietnam jumped 24 percent last<br />

year to US$46 million even as<br />

revenues in Asia as a whole fell<br />

almost 10 percent, according<br />

to Freeman & Co., a research<br />

company in New York.<br />

Japan’s net foreign assets<br />

equalled 54 percent <strong>of</strong> gross<br />

<strong>do</strong>mestic product in 2011, the<br />

third highest in the world after<br />

<strong>Hong</strong> <strong>Kong</strong>’s 288 percent and<br />

Switzerland’s 157 percent, according<br />

to the ministry. China’s<br />

ratio was 24 percent.<br />

Japan’s current-account surplus<br />

shrank by 44 percent last<br />

year, according to Bloomberg.<br />

<strong>The</strong> March earthquake and<br />

nuclear crisis drove up energy<br />

imports, disrupted supply<br />

chains and reduced exports.


World leaders support Greece’s<br />

struggle to remain in euro zone<br />

G8 summit <strong>of</strong>fers few details on how to help Athens<br />

Greece has the support <strong>of</strong> world<br />

leaders in its struggle to stay in<br />

the euro currency zone, but the<br />

leaders failed to provide details<br />

on how they were going to help<br />

at a recent meeting <strong>of</strong> the G8<br />

group <strong>of</strong> economic powers.<br />

<strong>The</strong> meeting was focused<br />

on the wider issue saving a<br />

global economy increasingly<br />

threatened by Europe’s debt<br />

crisis. “We commit to take all<br />

necessary steps to strengthen<br />

and reinvigorate our economies<br />

and combat financial stresses,<br />

recognizing that the right measures<br />

are not the same for each<br />

<strong>of</strong> us,” the leaders said in a joint<br />

statement.<br />

<strong>The</strong> G8 summit came <strong>do</strong>wn<br />

solidly in favor <strong>of</strong> a push to balance<br />

European austerity with a<br />

new <strong>do</strong>se <strong>of</strong> stimulus measures<br />

Hollande calls for more stimulus measures in EU<br />

Newly elected French President<br />

François Hollande believes<br />

Europe needs to adjust its<br />

focus away from austerity and<br />

towards economic growth.<br />

Hollande proposed the issuance<br />

<strong>of</strong> euro <strong>do</strong>minated bonds at<br />

an informal summit <strong>of</strong> European<br />

Union leaders in Brussels. Italian<br />

Prime Minister Mario Monti<br />

and British Prime Minister<br />

David Cameron back the idea<br />

for the bonds, which would be issued<br />

and guaranteed by all euro<br />

zone states.<br />

Alexis Tsipras<br />

seen as vital to healing ailing<br />

European economies.<br />

Amid Greece’s political and<br />

economic upheaval and concerns<br />

over instability in Spain<br />

and Italy, G8 leaders sought to<br />

present an air <strong>of</strong> calm.<br />

However, the leaders, while<br />

wanting Greece to remain in<br />

AFP<br />

AFP<br />

However, Angela Merkel,<br />

Germany’s chancellor, has argued<br />

that any co-mingling <strong>of</strong> euro zone<br />

debt would remove incentives<br />

for southern economies to a<strong>do</strong>pt<br />

structural reforms.<br />

Hollande’s idea has the support<br />

<strong>of</strong> several senior <strong>of</strong>ficials<br />

at influential multinational<br />

organizations.<br />

“We need to get on the<br />

path towards the issuance <strong>of</strong><br />

euro bonds sooner rather than<br />

later,” Pier Carlo Pa<strong>do</strong>an, <strong>chief</strong><br />

economist <strong>of</strong> the Organization<br />

the euro zone “while respecting<br />

its commitments,” <strong>of</strong>fered no<br />

specific prescription for extracting<br />

Athens from its worsening<br />

crisis.<br />

<strong>The</strong>re has also been a rash <strong>of</strong><br />

speculation that Greece might<br />

be forced to aban<strong>do</strong>n the euro<br />

currency.<br />

Greece faces an election on<br />

17 June, after voters toppled a<br />

government that had agreed to<br />

the painfully austere terms <strong>of</strong><br />

an international bailout plan.<br />

<strong>The</strong> Coalition <strong>of</strong> the Radical<br />

Left, an anti-austerity party led<br />

by Alexis Tsipras, is poised for<br />

victory. However, the conservative<br />

New Democracy Party<br />

has secured cooperation with<br />

a small liberal grouping to oppose<br />

any reneging <strong>of</strong> Greece’s<br />

economic deals with the EU.<br />

for Economic Cooperation and<br />

Development, told the Financial<br />

Times.<br />

Christine Lagarde, managing<br />

director <strong>of</strong> the International<br />

Monetary Fund, also called<br />

for more sharing <strong>of</strong> economic<br />

burdens. Though she stopped<br />

short <strong>of</strong> explicitly backing euro<br />

bonds, she told CNN: “More<br />

needs to be <strong>do</strong>ne, particularly<br />

by way <strong>of</strong> fiscal liability sharing.”<br />

That statement was interpreted<br />

as a veiled reference to<br />

such debt instruments.<br />

OECD upbeat<br />

about India’s<br />

GDP growth<br />

India’s gross <strong>do</strong>mestic product<br />

growth is likely to rise to more<br />

than 7.5 percent in 2013, but<br />

continued government policy<br />

uncertainty could erode the<br />

country’s longer term growth<br />

prospects, the Organization<br />

for Economic Cooperation and<br />

Development said in a report.<br />

A cyclical upturn in investment,<br />

stronger external demand<br />

and the effects <strong>of</strong> recent monetary<br />

easing will boost growth,<br />

the report said. Although it<br />

warned that high inflation<br />

would dampen the investment<br />

climate.<br />

<strong>The</strong> prediction <strong>of</strong> higher<br />

growth in the OECD report<br />

stood in stark contrast to the<br />

pessimistic view <strong>of</strong>fered by<br />

Morgan Stanley, which cut its<br />

growth forecasts for India, citing<br />

a high budget deficit and slowing<br />

private investment. It said it<br />

now expected the economy to<br />

grow by 6.8 percent, instead <strong>of</strong><br />

7.5 percent, in 2013.<br />

<strong>The</strong> Standard & Poor’s<br />

ratings agency has also cut its<br />

outlook for India’s credit rating<br />

to negative from stable in April,<br />

reflecting worries about high<br />

deficits and political paralysis<br />

that has stalled progress on<br />

major economic reforms.<br />

India’s economic growth<br />

slowed to 6.1 percent in the three<br />

months to December, the weakest<br />

annual pace in almost three<br />

years. “A moderate cyclical pickup<br />

in investment is projected in<br />

the near term,” the OECD said.<br />

June 2012 7


Groupon replaces two<br />

<strong>of</strong> its board members<br />

Discount coupon website Groupon reshuffled<br />

its board last month, replacing Starbucks Chief<br />

Executive Howard Schultz and venture capitalist<br />

Kevin Efrusy with Ameri<strong>can</strong> Express CFO Daniel<br />

Henry and retiring Deloitte vice chairman Robert<br />

Bass. <strong>The</strong> company said the appointments<br />

would strengthen the board’s accounting experience.<br />

Meanwhile, analysts told the Chicago Tribune<br />

that the amount Groupon owes merchants<br />

has been growing faster than revenue, suggesting<br />

future pressure on pr<strong>of</strong>it margins.<br />

Pirc calls for KPMG’s<br />

ousting from StanChart<br />

Pirc, an independent research and advisory consultancy<br />

that provides services to institutional<br />

investors, has called on shareholders to vote<br />

against KPMG’s re-appointment as auditors <strong>of</strong><br />

Standard Chartered. Accountancy Age reported<br />

that Pirc urged institutional investors to vote<br />

against the bank’s annual report, auditors and<br />

audit committee chair because Pirc claims the<br />

bank has failed to provide a “true and fair view”<br />

<strong>of</strong> its financial position. KPMG and Standard<br />

Chartered were both unavailable to comment.<br />

PwC “near deal” over<br />

Centro class action<br />

PricewaterhouseCoopers Australia is close to<br />

reaching an agreement to share settlement costs<br />

in a class action case. PwC admitted negligence<br />

but not liability in relation to a A$1.1 billion short<br />

term loan to failed shopping centre company Centro<br />

that had been misclassified as long term. PwC<br />

might pay up to a third <strong>of</strong> a A$200 million settlement<br />

to Centro shareholders who claim they were<br />

misled, <strong>The</strong> Sydney Morning Herald reported.<br />

KPMG quits as auditor<br />

to Pyne Gould group<br />

KPMG has quit as auditor to Australian-New<br />

Zealand asset and wealth management business<br />

Pyne Gould Corp in a row over whether some<br />

transactions should be considered as related<br />

party transactions and amid concerns about the<br />

adequacy <strong>of</strong> PGC’s governance. <strong>The</strong> dispute has<br />

been referred to New Zealand’s financial regulator,<br />

the Financial Markets Authority.<br />

8 June 2012<br />

NEWS<br />

INTERNATIONAL<br />

Big Four auditors back<br />

China’s localization rule<br />

Firms see few problems, but <strong>do</strong>n’t comply yet<br />

Three <strong>of</strong> the biggest global auditing firms said a new directive from China to put<br />

locally licensed accountants in charge <strong>of</strong> operations fits with their strategies as<br />

the country shifts to an international business model.<br />

Chief partners in the world’s second-largest economy must within three years<br />

be locally certified Chinese citizens, a requirement that none <strong>of</strong> the so-called Big<br />

Four auditors meets, the Ministry <strong>of</strong> Finance said. Affiliates <strong>of</strong> Ernst & Young,<br />

KPMG International and PwC International said they support the move.<br />

<strong>The</strong> firms, which operate as joint ventures, must restructure to comply<br />

with international practice, the ministry said. China is moving to a<strong>do</strong>pt global<br />

standards after <strong>do</strong>zens <strong>of</strong> companies disclosed auditor resignations or accounting<br />

irregularities last year, leading to the suspension or delisting <strong>of</strong> their shares.<br />

“This is not protectionism, it’s to encourage local partners to grow faster,”<br />

said James Lee, regional director for Greater China <strong>of</strong> the <strong>Institute</strong> <strong>of</strong> Chartered<br />

<strong>Accountants</strong> in England and Wales. “In other countries, this is normal.”<br />

“We will respond positively to the programme by ensuring a smooth and<br />

successful transformation <strong>of</strong> the firm from the existing joint venture structure,”<br />

KPMG’s Chinese affiliate said in a statement, adding it “welcomes” the directive.<br />

Ernst & Young said the new rules are “in line with” its strategy and PwC China<br />

said it has been “actively localising its China practice”.<br />

<strong>The</strong> four firms, with 25 subsidiaries in China, had US$1.5 billion <strong>of</strong> revenue<br />

in 2010, representing 26% <strong>of</strong> the industry’s total, according to the Ministry <strong>of</strong><br />

Finance.<br />

UK authorities to choose own<br />

auditors under draft legislation<br />

<strong>The</strong> British government is planning a draft bill setting out measures to shut<br />

<strong>do</strong>wn the Audit Commission and establish new arrangements for the audit <strong>of</strong><br />

local government bodies.<br />

<strong>The</strong> draft bill would require local councils to appoint their own auditors on<br />

the advice <strong>of</strong> an independent panel and establish an audit regime regulated by<br />

the Financial Reporting Council along lines similar to private sector practice.<br />

Responsibility for developing the code <strong>of</strong> audit practice would transfer to the<br />

National Audit Office.<br />

“Local Authorities will not mourn the passing <strong>of</strong> the Audit Commission but<br />

they will want to know that any new arrangements <strong>can</strong> be effective in giving<br />

the public confidence and helping local authorities to improve the effectiveness<br />

and value for money <strong>of</strong> local services,” said Andy Sawford, <strong>chief</strong> executive <strong>of</strong> the<br />

Local Government Information Unit, a think tank.<br />

However, Sir Stephen Bubb, head <strong>of</strong> the Association <strong>of</strong> Chief Executives <strong>of</strong><br />

Voluntary Organizations, said he would miss the Audit Commission because <strong>of</strong><br />

its power to question councils’ spending. “<strong>The</strong> Audit Commission interrogated<br />

local decisions,” he told <strong>The</strong> Guardian.


NEWS<br />

GREATER CHINA<br />

Alibaba prepares IPO with buyback<br />

<strong>of</strong> Yahoo stake for US$7.1 billion<br />

Deal cemented after years <strong>of</strong> tough talks<br />

After years <strong>of</strong> sometimes<br />

strained talks, China’s e-commerce<br />

giant Alibaba Group is to<br />

buy back about 20 percent <strong>of</strong> its<br />

equity from Yahoo for US$7.1<br />

billion, a move seen as paving<br />

the way for an initial public<br />

<strong>of</strong>fering.<br />

Although Alibaba said that<br />

it has no timetable for an IPO at<br />

the moment, Jack Ma, Alibaba’s<br />

chairman and <strong>chief</strong> executive<br />

<strong>of</strong>ficer, said at a press conference<br />

that the transaction will<br />

help the company achieve a balanced<br />

ownership structure that<br />

will allow it to “take the business<br />

to the next level as a public company<br />

in the future.”<br />

Under the agreement, Alibaba<br />

will pay Yahoo US$6.3 billion<br />

in cash, plus new preferred<br />

10 June 2012<br />

Jack Ma<br />

shares worth up to US$800<br />

million, the companies said in a<br />

joint statement.<br />

For the struggling Yahoo it<br />

will mean a US$4.2 billion cash<br />

injection, less taxes. It is unclear<br />

how this will be distributed,<br />

but analysts said most <strong>of</strong> the<br />

money is likely to go towards<br />

shareholder dividends and the<br />

rest used for its share buyback<br />

programme.<br />

Under the deal, Alibaba will<br />

hold about 51 percent, while<br />

the voting rights <strong>of</strong> Yahoo and<br />

fellow investor S<strong>of</strong>tbank will be<br />

less than 50 percent. Limiting<br />

outside ownership was a major<br />

motivation for Ma, not only for<br />

Alibaba to take control <strong>of</strong> the<br />

boardroom, but also to meet<br />

new Chinese regulations on<br />

foreign-controlled Internet<br />

companies.<br />

When the Alibaba IPO goes<br />

ahead, Yahoo will also have the<br />

right to sell another 25 percent <strong>of</strong><br />

its stake at the opening share price.<br />

Ma, who holds more than 7<br />

percent <strong>of</strong> Alibaba, said the Yahoo<br />

deal valued Alibaba at about<br />

US$35 billion.<br />

Beijing buys U.S. treasuries direct from the source<br />

<strong>The</strong> revelation that China is the<br />

only country that <strong>can</strong> buy United<br />

States treasury bonds directly,<br />

rather than through designated<br />

dealers, has raised questions<br />

about a “sweetheart” deal.<br />

China, which holds more than<br />

US$1.1 trillion <strong>of</strong> U.S. debt, has<br />

been able to bid on treasury bonds<br />

directly since June 2011, Reuters<br />

reported. It is the only country<br />

that <strong>do</strong>es so, a treasury <strong>of</strong>ficial<br />

confirmed to <strong>The</strong> New York Times.<br />

However, analysts said that<br />

the arrangement benefitted<br />

both sides and any country could<br />

purchase by direct bidding.<br />

“China, by bypassing Wall<br />

Street, saves a bit on its debt<br />

purchases by not moving<br />

the market so much,” said<br />

Daniel W. Drezner, pr<strong>of</strong>essor<br />

<strong>of</strong> international politics at<br />

<strong>The</strong> Fletcher School <strong>of</strong> Law<br />

and Diplomacy at Tufts<br />

University. “By dealing with<br />

Beijing directly, Washington gets<br />

a more accurate information on<br />

just how much U.S. debt China is<br />

purchasing.”<br />

Recently, big buyers <strong>of</strong><br />

treasury debt – including large<br />

pension funds, mutual funds,<br />

broker dealers and money<br />

AFP<br />

managers – have started<br />

bypassing the primary dealers<br />

on Wall Street to bid for U.S.<br />

treasury bonds themselves.<br />

Apart from China, no other<br />

country has <strong>do</strong>ne so, but analysts<br />

expect Japan, Singapore and<br />

Brazil may bid directly in the<br />

future.<br />

<strong>The</strong> advantage for China<br />

<strong>of</strong> direct bidding is to keep its<br />

business private and obscure<br />

potentially valuable information<br />

on its bond dealings. Wall<br />

Street dealers <strong>do</strong>n’t charge<br />

commissions to make bids for<br />

foreign central banks.<br />

Bank forecasts<br />

GDP growth<br />

at 8.2 percent<br />

<strong>The</strong> World Bank cut its economic<br />

growth forecast for<br />

China this year to 8.2 percent.<br />

It also urged China to rely on<br />

fiscal easing to boost consumption<br />

rather than state investment.<br />

Previously, China was<br />

widely expected to grow at 8.4<br />

percent. However, an International<br />

Monetary Fund report in<br />

April kept its forecast for China<br />

unchanged at 8.2 percent.<br />

<strong>The</strong> World Bank in its East<br />

Asia and Pacific Economic Update<br />

said a slowing China will<br />

drag growth in Asia’s emerging<br />

markets, but warned that Europe’s<br />

volatile debt crisis could<br />

inflict even bigger damage if it<br />

worsens.<br />

Sluggish demand in the<br />

United States and Europe and<br />

a s<strong>of</strong>tening Chinese property<br />

market would combine to<br />

weigh on the Chinese economy<br />

in the near term, it said.<br />

But if governments and<br />

central banks act in time to<br />

stabilize activity, economies<br />

should recover next year.<br />

“<strong>The</strong> region’s authorities<br />

should remain flexible to shift<br />

monetary policy gears should<br />

growth gain traction and<br />

inflationary pressures build<br />

up,” the bank said.<br />

With the global slow<strong>do</strong>wn<br />

expected to continue, the Asian<br />

region needs to reduce its reliance<br />

on exports and find new<br />

sources <strong>of</strong> growth, the bank<br />

recommended in its report.


Labour shortage affects casinos<br />

as Macau jobless rate hits low<br />

Gambling companies press on with building resorts<br />

<strong>The</strong> growth <strong>of</strong> Macau’s US$34<br />

billion gaming industry is under<br />

threat from a shortage <strong>of</strong> labour.<br />

Casino operators such as<br />

Las Vegas Sands, Wynn Resorts<br />

and Galaxy are having trouble<br />

finding workers. Rules requiring<br />

these companies to hire<br />

staff from Macau’s population<br />

<strong>of</strong> about 500,000 are driving up<br />

wages and have casino operators<br />

scrambling for workers at<br />

all levels <strong>of</strong> their operations.<br />

Macau had 28 million visitors<br />

and economic growth <strong>of</strong> 21<br />

percent last year, while gambling<br />

revenue was up 42 percent<br />

to record levels.<br />

“It’s a challenge everybody<br />

faces,” Edward Tracy, <strong>chief</strong> executive<br />

<strong>of</strong>ficer at Sands China,<br />

told Bloomberg. “You have a<br />

base population <strong>of</strong> 500,000 and<br />

an unemployment rate <strong>of</strong> 2.1<br />

percent. That is almost zero:<br />

those people are probably not<br />

looking for a job.”<br />

<strong>The</strong> competition for labour is<br />

set to increase. Wynn<br />

Macau was given the<br />

go-ahead to build a<br />

second casino resort<br />

in Macau last month.<br />

Meanwhile, Galaxy<br />

plans to <strong>do</strong>uble<br />

the size <strong>of</strong> its resort<br />

within three years.<br />

<strong>The</strong> Sands Cotai<br />

Central casino, which<br />

opened in April, will<br />

add 4,000 hotel rooms<br />

and 200 gaming tables<br />

over the next year. Tracy says<br />

Sands China will soon have<br />

4,000 va<strong>can</strong>t job positions in<br />

Macau.<br />

Joblessness in Macau is at the<br />

lowest since Bloomberg began<br />

tracking the data in 2002.<br />

Dalian Wanda in spotlight with U.S. cinema buy<br />

Dalian Wanda, a diversified but<br />

low-key group based in Liaoning<br />

province, will become the biggest<br />

cinema operator in the United<br />

States with its US$2.6 billion<br />

purchase <strong>of</strong> AMC Entertainment.<br />

It is Wanda’s first investment<br />

outside China – and the largest<br />

overseas acquisition by a<br />

privately held Chinese company.<br />

Chinese cinemas yielded US$2.1<br />

billion in revenue last year<br />

compared with US$10.2 billion<br />

for the jointly-measured U.S. and<br />

Canadian markets.<br />

“For Wanda, the deal may<br />

allow it to secure more Hollywood<br />

movies for distribution in China<br />

Shel<strong>do</strong>n Adelson, chairman <strong>of</strong> Las Vegas<br />

Sands, at the opening <strong>of</strong> Sands Cotai Central.<br />

in the long run,” Steve Chow, an<br />

analyst with Kingsway Research<br />

in <strong>Hong</strong> <strong>Kong</strong>, told Reuters.<br />

“Cinema operation is a growing<br />

business in China, as people are<br />

willing to spend on entertainment<br />

as their income increases. In the<br />

U.S., it is a defensive business<br />

which generates a relatively<br />

steady income.”<br />

AMC and Wanda started<br />

talking about the deal more than<br />

a year ago. It was when AMC,<br />

the world’s largest operator<br />

<strong>of</strong> IMAX screens, <strong>can</strong>celled<br />

its plans to go public that the<br />

talks became more substantive,<br />

according to media reports.<br />

AFP<br />

<strong>The</strong> companies said AMC<br />

will be run by its existing team<br />

<strong>of</strong> executives led by CEO Gerry<br />

Lopez while its headquarters<br />

will remain in Kansas City,<br />

according to <strong>The</strong> Hollywood<br />

Reporter. AMC employs 18,500<br />

people and the transaction isn’t<br />

expected to affect headcount.<br />

<strong>The</strong> acquisition by Wanda<br />

includes about US$1.9 billion<br />

<strong>of</strong> net debt. Wanda, which<br />

has interests in commercial<br />

properties, luxury hotels,<br />

tourism and department stores,<br />

holds US$35 billion in assets,<br />

with annual revenue reaching<br />

US$16.7 billion.<br />

Solar panel<br />

war with U.S.<br />

flares up<br />

<strong>The</strong> United States has penalized<br />

Chinese solar panel companies<br />

with import tariffs <strong>of</strong> 30 percent<br />

or more in retaliation for alleged<br />

dumping <strong>of</strong> cut price panels into<br />

the U.S. market.<br />

<strong>The</strong> U.S. Commerce Department<br />

said it sided with<br />

Ameri<strong>can</strong> solar panel manufacturers<br />

that had complained<br />

a wave <strong>of</strong> Chinese imports had<br />

wrongly undercut their pricing<br />

and forced several Ameri<strong>can</strong><br />

companies out <strong>of</strong> business.<br />

Chinese makers are putting<br />

together a campaign to get the<br />

tariff cut or reduced. Part <strong>of</strong> this<br />

campaign is to mobilize Chinese<br />

companies throughout China<br />

via the China Photovoltaic<br />

Industry Alliance. <strong>The</strong> alliance<br />

remains optimistic because the<br />

last time the U.S. imposed a<br />

tariff on solar cells in March the<br />

range was limited to 2.9 to 4.73<br />

percent.<br />

“Chinese companies should<br />

get together and make good use<br />

<strong>of</strong> the next few months to be<br />

prepared for the rebuttal,” the<br />

Chinese National Development<br />

and Reform Commission<br />

announced via its website.<br />

“We need to prove to the U.S.<br />

government that we <strong>do</strong>n’t<br />

export cut-price solar products<br />

either by government subsidy or<br />

dumping.”<br />

<strong>The</strong> tariffs could backfire<br />

on Washington too, one analyst<br />

said, as many Chinese solar<br />

makers import raw materials<br />

and equipment from the U.S.<br />

June 2012 11


ICBC wins approval<br />

to buy bank in U.S.<br />

Industrial and Commercial Bank <strong>of</strong> China<br />

has gained Washington’s approval to purchase<br />

an Ameri<strong>can</strong> bank. ICBC’s purchase<br />

<strong>of</strong> a subsidiary <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong>’s Bank <strong>of</strong> East<br />

Asia comes after months <strong>of</strong> scrutiny by authorities<br />

in the United States. It marks the<br />

first time the Federal Reserve has allowed<br />

a Chinese institution to buy an Ameri<strong>can</strong><br />

bank.<br />

Chinese companies<br />

still seek acquisitions<br />

About one-third <strong>of</strong> Chinese companies are<br />

planning to grow through acquisitions over<br />

the next three years, accounting firm Grant<br />

Thornton said in a report. Although the proportion<br />

is a decrease from 45 percent last<br />

year due to the economic slow<strong>do</strong>wn, it is<br />

still higher than the 26 percent reported in<br />

2010, according to the Grant Thornton International<br />

Business Report 2012.<br />

IPOs riskier for bankers<br />

as <strong>Hong</strong> <strong>Kong</strong> weighs jail<br />

Bankers may face prison for putting misleading<br />

information in share-sale <strong>do</strong>cuments under<br />

a proposal by a <strong>Hong</strong> <strong>Kong</strong> regulator that<br />

could raise the cost and risk <strong>of</strong> arranging initial<br />

public <strong>of</strong>ferings in the city. <strong>The</strong> Securities<br />

and Futures Commission said it would seek<br />

feedback on a proposal to impose criminal<br />

penalties on bankers or companies that fail<br />

to ensure proper due diligence in IPOs. <strong>The</strong><br />

SFC said tougher legislation would protect<br />

investors after a string <strong>of</strong> accounting s<strong>can</strong>dals<br />

involving mainly <strong>Hong</strong> <strong>Kong</strong>-listed companies<br />

from China, Bloomberg reported.<br />

LehmanBrown sues<br />

lawyer in IP dispute<br />

<strong>The</strong> principals <strong>of</strong> mainland accounting firm<br />

LehmanBrown have sued their former business<br />

partner Edward Lehman, managing<br />

partner <strong>of</strong> the Lehman, Lee & Xu law firm,<br />

alleging misappropriation and infringement<br />

<strong>of</strong> the firm’s <strong>Hong</strong> <strong>Kong</strong> and Chinese trademarks<br />

and seeking their transfer back to<br />

LehmanBrown.<br />

12 June 2012<br />

NEWS<br />

GREATER CHINA<br />

PCAOB forecasts access to<br />

Chinese audit inspections<br />

U.S. regulator confident <strong>of</strong> reaching accord<br />

<strong>The</strong> head <strong>of</strong> the regulator in the United States that inspects audit firms has said he<br />

believed his staff would soon be able to sit in on Chinese inspections <strong>of</strong> auditors.<br />

“We ought to be able to observe the inspections they conduct in the late<br />

summer or fall, and certainly by the end <strong>of</strong> the year,” James R. Doty, the chairman<br />

<strong>of</strong> the <strong>Public</strong> Company Accounting Oversight Board, told <strong>The</strong> New York Times.<br />

Doty was a member <strong>of</strong> Washington’s delegation to the U.S.-China Strategic and<br />

Economic Dialogue held in Beijing during May.<br />

U.S. law requires that the board inspects all auditing firms that certify the<br />

books <strong>of</strong> companies whose securities trade in public markets in the U.S. but the<br />

board has been unable to <strong>do</strong> that in many countries, including China.<br />

Doty said the board had a number <strong>of</strong> inspectors who spoke and read Chinese<br />

and could observe such inspections. He said the Chinese had suggested that the<br />

Ameri<strong>can</strong>s observe the inspections and that he hoped that would lead to joint<br />

inspections as required.<br />

Doty said there were “very substantive and productive discussions” that he<br />

expected to lead to the observations <strong>of</strong> the Chinese inspections. <strong>The</strong> PCAOB<br />

has made it a priority to gain access to China, saying it is needed to protect U.S.<br />

investors. <strong>The</strong> issue is particularly pressing because accounting questions have<br />

arisen about <strong>do</strong>zens <strong>of</strong> U.S.-listed Chinese companies since early last year.<br />

Deloitte violated Sarbanes-Oxley,<br />

SEC claims in filing over Longtop<br />

<strong>The</strong> United States’ Securities and Exchange Commission filed an administrative<br />

proceeding against Deloitte Touche Tohmatsu CPA, the Shanghai-based Chinese<br />

affiliate <strong>of</strong> the Big Four accounting firm, on 9 May, <strong>The</strong> Wall Street Journal<br />

reported. <strong>The</strong> SEC said Deloitte’s Chinese arm has violated U.S. law by refusing<br />

to turn over <strong>do</strong>cuments relating to its client Longtop Financial Technologies, a<br />

financial s<strong>of</strong>tware company whose shares traded on Nasdaq until December 2011.<br />

<strong>The</strong> case marks the first time the commission has brought an enforcement<br />

action against a foreign audit firm for failing to comply with a request under the<br />

Sarbanes-Oxley Act, which requires foreign firms that audit U.S.-traded companies<br />

to provide <strong>do</strong>cuments to the SEC on request. If the proceeding is decided against the<br />

Chinese firm, it could be barred from auditing U.S.-traded companies.<br />

<strong>The</strong> filing intensifies the dispute between the agency and the firm that began in<br />

September 2011, when Deloitte refused to comply with an SEC subpoena seeking<br />

<strong>do</strong>cuments. Deloitte cited concerns that Chinese authorities could penalize<br />

the firm or its partners under China’s state secrecy laws. <strong>The</strong> SEC filed a suit to<br />

enforce the subpoena, and that case remains pending in the U.S. District Court in<br />

Washington.<br />

Deloitte did not comment to the Journal, while Longtop couldn’t be reached,<br />

the newspaper said.


Childcare<br />

ver since<br />

C.Y. Leung, <strong>Hong</strong> <strong>Kong</strong>’s incoming <strong>chief</strong> executive,<br />

announced he would take action to<br />

encourage <strong>Hong</strong> <strong>Kong</strong>ers to have more babies,<br />

there has been debate about what measures<br />

should be introduced to improve the<br />

city’s fertility rate, which stands at a paltry<br />

1.04 children per woman.<br />

Leung said he will increase child tax allowances<br />

and implement paternity leave,<br />

14 June 2012<br />

initiatives that are applauded by parents.<br />

“I welcome the government giving fathers<br />

mandatory paternity leave, preferably<br />

two weeks, for them to share busy childcare<br />

duties,” says new father and Grant Thornton<br />

employee Nelson Tang, whose firm <strong>do</strong>es not<br />

<strong>of</strong>fer paid time <strong>of</strong>f for fathers. “<strong>The</strong> cost <strong>of</strong> a<br />

father’s paternity leave could be considered<br />

to be shared by the firm and the government,”<br />

he suggests. “Frankly speaking, it is a<br />

Helen Hsu (a CPA), her husband Edmund Chu<br />

and their daughter Charlotte, first son Hansel<br />

and second son Nathan<br />

big challenge for only one <strong>of</strong> the parents to<br />

continuously bear the responsibilities <strong>of</strong> taking<br />

care <strong>of</strong> newborn babies.”<br />

Paul Yip, who chairs the research committee<br />

<strong>of</strong> the Family Planning Association<br />

<strong>of</strong> <strong>Hong</strong> <strong>Kong</strong> and is one <strong>of</strong> the city’s leading<br />

academics on population policy, says accounting<br />

firms have an opportunity to lead<br />

the way. “<strong>The</strong> Big Four are big enough to<br />

set a really good example, to provide a fam-


<strong>Hong</strong> <strong>Kong</strong>’s incoming <strong>chief</strong> executive promises more family<br />

friendly policies to halt the decline <strong>of</strong> the city’s fertility rate.<br />

Liana Cafolla asks CPA mothers and fathers whether they<br />

think accounting firms are helping<br />

ily friendly working environment and bring<br />

the best out <strong>of</strong> their workers, whether they<br />

are male or female,” says Yip, who is also a<br />

member <strong>of</strong> the <strong>Hong</strong> <strong>Kong</strong> <strong>Institute</strong> <strong>of</strong> CPAs’<br />

Disciplinary Panel A.<br />

Yip says <strong>Hong</strong> <strong>Kong</strong>’s labour and population<br />

demographics are shifting and the combination<br />

<strong>of</strong> a low birth rate and ageing population<br />

could damage prosperity.<br />

In addition, he points out, since more<br />

Photography by Crystal Fung<br />

women than men graduate from business<br />

and economic courses, keeping mothers in<br />

the workforce is crucial.<br />

Maternity leave<br />

Many accounting firms in <strong>Hong</strong> <strong>Kong</strong> are<br />

starting to acknowledge the demands <strong>of</strong><br />

family on their employees and are granting<br />

perks such as extra unpaid maternity leave<br />

– on top <strong>of</strong> the statutory 10 weeks paid ma-<br />

ternity leave – reduced overtime and flexible<br />

working hours for returning mothers.<br />

Catherine Tsang, a PricewaterhouseCoopers<br />

<strong>Hong</strong> <strong>Kong</strong> tax partner based in Shenzhen<br />

and a mother <strong>of</strong> three, says the firm is<br />

very supportive <strong>of</strong> expectant mothers. “PwC<br />

allows us to take extra weeks <strong>of</strong>f work for<br />

maternity – not just the statutory 10-week<br />

break – and never questions our leave applications,”<br />

she says. “Also, we <strong>can</strong> take leave<br />

June 2012 15


Childcare<br />

for post-natal check-ups and bringing newborns<br />

for vaccinations,” says Tsang. “[Other]<br />

initiatives include the arrangement <strong>of</strong> nursing<br />

rooms, part-time work, a flexible work<br />

schedule, sabbatical leave, among others,<br />

which is <strong>of</strong> great help.”<br />

Flexible working hours, however, have<br />

widely different interpretations. Some <strong>Hong</strong><br />

<strong>Kong</strong> firms – like many companies here –<br />

tend to rely more on the informal goodwill<br />

<strong>of</strong> team members to cover for absent colleagues,<br />

while others are starting to put in<br />

place more extensive policies such as job<br />

sharing or home working that are commonly<br />

16 June 2012<br />

found in countries with more family oriented<br />

business cultures.<br />

At PwC, team members are moved<br />

around to cover for colleagues on maternity<br />

leave. “Generally, we deal with the shortfall<br />

by rescheduling tasks and having the support<br />

<strong>of</strong> other team members,” a spokesman<br />

for the firm says. “This has the added benefit<br />

<strong>of</strong> allowing our people to have a greater<br />

understanding <strong>of</strong> the firm, and for their<br />

own personal development. Occasionally,<br />

contract temporary staff may be employed<br />

to assist with a shortfall during long term<br />

absence.”<br />

It is a similar situation at Ernst & Young,<br />

where employees on maternity leave are<br />

covered by other team members. “In practice,<br />

a back-up staff member will be identified<br />

by a team leader a lot earlier to look<br />

after a pregnant staff member’s portfolio before<br />

her maternity leave,” says Agnes Chan,<br />

E&Y’s regional managing partner in <strong>Hong</strong><br />

<strong>Kong</strong> and Macau.<br />

RSM Nelson Wheeler also fills the maternity<br />

gap with other staff. New mother<br />

Bertha Liu, an audit principal at the firm,<br />

had her son in early April and says she was<br />

happy with the support from her firm. “My


firm arranged for someone to take care <strong>of</strong><br />

my jobs during my maternity leave,” she<br />

says. “Luckily, I have good bosses and helpful<br />

colleagues.”<br />

“Normally, we will share the workload<br />

among the colleagues,” says Chris Wong,<br />

a staff partner at the firm. Additional staff<br />

are hired to replace staff on maternity leave<br />

in the administrative side but not to replace<br />

pr<strong>of</strong>essionals. “It’s quite difficult to hire a<br />

suitable person to take over the [pr<strong>of</strong>essional]<br />

work during the maternity leave, so<br />

normally the work will be shared among colleagues,”<br />

says Wong.<br />

Family time<br />

Taking care <strong>of</strong> a family while working an accountant’s<br />

long hours is tough for new mothers<br />

and fathers. Yip says the culture <strong>of</strong> long<br />

working hours is deeply ingrained in the<br />

pr<strong>of</strong>ession in <strong>Hong</strong> <strong>Kong</strong>.<br />

Employees <strong>of</strong> Big Four firms in Australia,<br />

for example, define a long working day as<br />

working until 7 p.m., says Yip. “But in <strong>Hong</strong><br />

<strong>Kong</strong>, they are having to stay until 1 a.m. or<br />

2 a.m. I think we need to change this working<br />

attitude. And especially the Big Four,<br />

they’re supposed to set the benchmark.”<br />

Liu says a lack <strong>of</strong> energy and long working<br />

“Some mothers<br />

just quit the job,<br />

or find another<br />

job or even stop<br />

working, but if they<br />

had a choice, they<br />

would prefer to work<br />

part-time or flex-hours.”<br />

hours could deter her from having as many<br />

children as she would like now she’s back to<br />

work. “I <strong>can</strong> say I have a healthy work-life<br />

balance for most <strong>of</strong> my time, although I have<br />

to work until midnight sometimes to meet<br />

job deadlines.”<br />

Some firms like PwC <strong>of</strong>fer a transition<br />

period to help new mothers adjust to becoming<br />

working mothers. “<strong>The</strong> transition period<br />

<strong>can</strong> include the granting <strong>of</strong> additional unpaid<br />

leave if required, or part time work based on<br />

the needs <strong>of</strong> the individual and the firm,” says<br />

the PwC spokesperson. In addition, fathers<br />

are given three paid days <strong>of</strong> paternity leave.<br />

June 2012 17


Childcare<br />

“My firm arranged for<br />

someone to take care<br />

<strong>of</strong> my jobs during<br />

my maternity leave.<br />

Luckily, I have a good<br />

boss and helpful<br />

colleagues.”<br />

E&Y <strong>of</strong>fers flexible work hours to help<br />

women meet their family obligations “without<br />

compromising their career advancement in<br />

the pr<strong>of</strong>ession,” says Chan, and also <strong>of</strong>fers five<br />

days <strong>of</strong> paternity leave for fathers. “We believe<br />

the initiatives and support we provide are attractive<br />

enough for the new mothers to return<br />

to work after maternity leave,” Chan adds.<br />

At Grant Thornton new mothers are <strong>of</strong>fered<br />

some flexibility in their working hours<br />

and overtime is kept to a minimum, says staff<br />

partner Kelvin Kwong. Returning mothers<br />

are allocated “assignments that involve less<br />

overtime and less travel needs,” says Kwong,<br />

and unpaid leave is available.<br />

18 June 2012<br />

At RSM Nelson Wheeler unpaid leave is<br />

also an option for new mothers, and staff <strong>can</strong><br />

also apply to work flexible hours, with applications<br />

assessed on a case-by-case basis,<br />

says Wong. “It is our culture to have our staff<br />

strike a balance between work and family, so<br />

we are flexible,” he adds.<br />

Baby steps<br />

But while support for CPA parents is clearly<br />

improving in <strong>Hong</strong> <strong>Kong</strong>, the fact remains<br />

that the Big Four’s working cultures in many<br />

other countries are <strong>of</strong>ten much more flexible<br />

than here.<br />

In PwC’s <strong>of</strong>fice in Sweden all staff and<br />

Bertha Liu, a CPA, and her son Aidan<br />

partners work to a flexible annual hours<br />

contract. In the United King<strong>do</strong>m, KPMG <strong>of</strong>fers<br />

part-time work, job sharing, core hour<br />

working, additional holiday purchase up to a<br />

maximum <strong>of</strong> 35 days per year and the option<br />

<strong>of</strong> working from home.<br />

In <strong>Hong</strong> <strong>Kong</strong>, the concept <strong>of</strong> flexible<br />

working hours is not widely enough accepted<br />

for many working mothers to consider<br />

asking for it, says former E&Y partner Helen<br />

Hsu, who had three children during her 18<br />

years with the firm. Hsu, who now runs her<br />

own practice, thinks the large firms should<br />

encourage more working mothers to take<br />

advantage <strong>of</strong> flexible working hours.


“Flexible work arrangements are a very<br />

good idea, and I would like to see more implementation<br />

<strong>of</strong> it,” she says. “If more women<br />

worked flex-time, or part-time, and people see<br />

that this is common, then maybe more <strong>of</strong> us will<br />

feel more comfortable to work in that way.”<br />

To be effective and accepted, flex-time<br />

needs to be explained and supported by the<br />

whole team, she says, and firms’ human resources<br />

departments should explain how it<br />

works to all staff. “Some mothers just quit the<br />

job, or find another job or even stop working,<br />

but if they had a choice, they would prefer to<br />

work part-time or flex-hours,” Hsu says.<br />

As more women enter the pr<strong>of</strong>ession and<br />

rise to the top, the situation will improve,<br />

says Hsu. “Firms started to implement new<br />

initiatives a few years ago,” she says. “<strong>The</strong>se<br />

ideas and arrangements will become more<br />

accepted, more common and more recognized<br />

by people. Even male leaders in the<br />

firm <strong>do</strong> already see that it is necessary to<br />

change it. Because otherwise you’ll prevent<br />

some high calibre women from staying with<br />

the firm.”<br />

Many organizations are recognizing<br />

that flexible working arrangements are a<br />

valuable part <strong>of</strong> investing in employees and<br />

keeping talented staff. In the United States,<br />

84 percent <strong>of</strong> the 1,600 employees who use<br />

“I welcome the<br />

government giving<br />

fathers mandatory<br />

paternity leave,<br />

preferably two<br />

weeks.”<br />

Nelson Tang (a CPA), his wife Wing Lau,<br />

their son Sum Sum and daughter Tan Tan<br />

E&Y’s flex programme say it’s the main reason<br />

they stay with the firm, Denny Marcel<br />

<strong>of</strong> E&Y’s <strong>of</strong>fice for retention told Workforce<br />

magazine. Meanwhile, the Ameri<strong>can</strong> <strong>Institute</strong><br />

<strong>of</strong> CPAs <strong>of</strong>fers flexible hours to its employees<br />

and cites a broad range <strong>of</strong> benefits,<br />

including increasing the AICPA’s attractiveness<br />

when recruiting, helping to retain valuable<br />

employees who might otherwise leave<br />

and reducing absenteeism.<br />

Says Yip, “<strong>The</strong> flexibility <strong>of</strong> the company<br />

towards working mothers looking after children<br />

is an important gesture <strong>of</strong> support. <strong>The</strong>se<br />

measures would help to enhance the sense <strong>of</strong><br />

belonging and loyalty to the company.”<br />

June 2012 19


Chief executive retirement<br />

A fond<br />

farewell<br />

Winnie C. W. Cheung leaves the<br />

<strong>Institute</strong> after 22 years, eight <strong>of</strong><br />

which were as <strong>chief</strong> executive<br />

and registrar. She looks back<br />

with George W. Russell at the<br />

pr<strong>of</strong>ession’s many achievements<br />

during her tenure<br />

Photography by Samantha Sin<br />

Winnie C.W. Cheung puts her <strong>Institute</strong><br />

career <strong>do</strong>wn to destiny. It<br />

was a chance meeting with an old<br />

friend in <strong>Hong</strong> <strong>Kong</strong> that led her<br />

to the then <strong>Institute</strong> <strong>of</strong>fices in Belgian<br />

House and a stellar 22-year tenure as technical director,<br />

pr<strong>of</strong>essional development director, senior director and,<br />

finally, the first <strong>chief</strong> executive and first female registrar.<br />

In 1989, Cheung seemed settled in Lon<strong>do</strong>n. A young<br />

auditor, married with a toddler, <strong>Hong</strong> <strong>Kong</strong> was far away,<br />

the city <strong>of</strong> her childhood. She had already found primary<br />

and secondary school places for her son, who was then<br />

only two years old.<br />

She was on the verge <strong>of</strong> a big change, but a traditional<br />

one for an accountant: leaving a major accounting firm for<br />

one <strong>of</strong> its clients. Cheung had begun her career at Ernst &<br />

Whinney in Lon<strong>do</strong>n, and was being wooed for a senior position<br />

at Generali, the Italian insurance company.<br />

Cheung had already been interviewed and expected<br />

the Generali board to approve her appointment. In the<br />

meantime she took time <strong>of</strong>f to make her once-every-fewyears<br />

visit to <strong>Hong</strong> <strong>Kong</strong> to see her parents. However,<br />

fate – and her reputation – intervened.<br />

For two years, the <strong>Hong</strong> <strong>Kong</strong> Society <strong>of</strong> <strong>Accountants</strong>,<br />

as the <strong>Institute</strong> was then known, had sought a technical<br />

director. In <strong>Hong</strong> <strong>Kong</strong>, her friend told her about the opening.<br />

“I had no intention <strong>of</strong> looking for a job in <strong>Hong</strong> <strong>Kong</strong>,”<br />

she recalls. “I had a career in England and I had just <strong>do</strong>ne<br />

20 June 2012


June 2012 21


Chief executive retirement<br />

an interview with a client.” However, her<br />

friend pressed her, saying this position would<br />

be a good fit. “I thought, ‘I’d never worked in<br />

<strong>Hong</strong> <strong>Kong</strong> and I’d never seen Asia. Why not<br />

give it a go?’”<br />

Cheung typed up her resume, which<br />

hadn’t been updated since her university days,<br />

with her dad’s ancient typewriter. When the<br />

Society agreed to interview her, the omens<br />

were not good. She was pickpocketed near<br />

Central MTR station the day before. “I had no<br />

ID on me but they agreed to see me anyway.”<br />

Louis Wong, then the registrar, had organized<br />

a selection panel for another <strong>can</strong>didate<br />

the next day and after meeting with her for<br />

an afternoon, asked her to return for the interview<br />

with the panel, comprised <strong>of</strong> Marvin<br />

Cheung, now chairman <strong>of</strong> the Airport Authority,<br />

and former <strong>Institute</strong> presidents Eric Li<br />

and Selwyn Mar.<br />

“I had a very enjoyable interview with<br />

them and afterwards, Louis called me to ask<br />

if I would accept the job. But I had to go back<br />

to England. I said send me the contract and<br />

I’ll see,” Cheung recalls. Winnie received the<br />

appointment contract from the Society when<br />

she returned to Lon<strong>do</strong>n after the holiday. “I<br />

decided to take the <strong>of</strong>fer and the opportunity<br />

it <strong>of</strong>fered to explore the city and the rest <strong>of</strong><br />

Asia because I had left <strong>Hong</strong> <strong>Kong</strong> at a young<br />

age,” she explains. “Also, the contract term<br />

was two and a half years, and my son was only<br />

two years old at the time, so I thought I should<br />

go to see the other side <strong>of</strong> the world before settling<br />

<strong>do</strong>wn when my son started school.”<br />

“Generali called to say welcome aboard.<br />

I said, ‘I’m sorry but I’ve got this job in <strong>Hong</strong><br />

<strong>Kong</strong>.’”<br />

Destiny calls<br />

Cheung immediately realized she had made<br />

the right choice. “Once I got here, I’d never<br />

been so busy. <strong>The</strong> breadth <strong>of</strong> the job was tremen<strong>do</strong>usly<br />

interesting. I’d never have had<br />

this kind <strong>of</strong> experience if I’d stayed in England,”<br />

she says.<br />

It was a very different <strong>of</strong>fice that Cheung<br />

joined in 1990. “We only had about 50 staff<br />

and 7,000 square feet <strong>of</strong> space at Belgian<br />

House,” she remembers. Her first challenge<br />

was to organize the department <strong>of</strong> which she<br />

had been put in charge, together with Nick<br />

Baldwin who also joined at the same time.<br />

“When we joined, the technical staff was –<br />

nobody. <strong>The</strong> technical department was nonexistent<br />

for two years so two <strong>of</strong> us made a start<br />

from nothing.”<br />

Moreover, there was a difficult financial<br />

22 June 2012<br />

environment. <strong>The</strong> then colony had been in a recession<br />

since 1987, was reeling from a stock exchange<br />

corruption s<strong>can</strong>dal and had been buffeted<br />

by the Tiananmen Square crack<strong>do</strong>wn.<br />

Given the circumstances, <strong>Hong</strong> <strong>Kong</strong>’s<br />

government was in a reformist mood and<br />

quickly sought out Cheung’s technical skills.<br />

She was first tasked with advising on the issue<br />

<strong>of</strong> B shares by mainland companies, which<br />

could be denominated in <strong>Hong</strong> <strong>Kong</strong> <strong>do</strong>llars<br />

and traded in Shenzhen. <strong>The</strong> shares were<br />

marketed in <strong>Hong</strong> <strong>Kong</strong> and the Companies<br />

Ordinance required a prospectus.<br />

With the han<strong>do</strong>ver looming, China began<br />

to occupy more space in the Society’s<br />

dealings. “<strong>The</strong>re were a lot <strong>of</strong> activities with<br />

China,” she remembers. “<strong>The</strong>re were three<br />

exchange rates: the black market rate, the <strong>of</strong>ficial<br />

rate and the exchange shop rate. How <strong>do</strong><br />

you account for this? And how <strong>do</strong> you consolidate<br />

joint ventures – are they JVs or subsidiaries?”<br />

She had to draw up technical guidance<br />

on these issues which were unique with little<br />

reference that <strong>can</strong> be drawn from anywhere.<br />

In 1991, Charles Lee, then stock exchange<br />

chairman, held talks with Premier Zhu<br />

Rongji, who decided that <strong>Hong</strong> <strong>Kong</strong> was the<br />

best place to raise funds for mainland enterprises.<br />

“Why?” Cheung asks rhetorically. “Because<br />

we have the accounting standards and<br />

legal system and pr<strong>of</strong>essionals that overseas<br />

investors trust.”<br />

She was invited to join the government<br />

team to advise on the accounting and auditing<br />

framework for the introduction <strong>of</strong> H<br />

shares, shares <strong>of</strong> companies incorporated in<br />

mainland China that are traded on the <strong>Hong</strong><br />

<strong>Kong</strong> stock exchange. Tsingtao Brewery Company<br />

issued the first H shares in 1993. “Today<br />

we have over 650 mainland companies listed<br />

in <strong>Hong</strong> <strong>Kong</strong>,” says Cheung. “It was very interesting<br />

work to be part <strong>of</strong> the creation <strong>of</strong> the<br />

framework that brought these companies to<br />

<strong>Hong</strong> <strong>Kong</strong> to list. It was history.”<br />

Cheung remained part <strong>of</strong> the fabric <strong>of</strong><br />

<strong>Hong</strong> <strong>Kong</strong> history throughout the 1990s.<br />

As the liaison person between the <strong>Institute</strong><br />

and LegCo, Cheung worked closely with the


LegCo representatives Peter Wong and Eric<br />

Li, making many representations for the accounting<br />

pr<strong>of</strong>ession before <strong>Hong</strong> <strong>Kong</strong>’s<br />

legislature. She continued to advise the<br />

government on a broad range <strong>of</strong> issues and<br />

found many <strong>of</strong> the proposals she submitted<br />

ended in government plans, including the<br />

MPF scheme, <strong>do</strong>uble taxation arrangements<br />

between <strong>Hong</strong> <strong>Kong</strong> and the mainland, and<br />

company and insolvency law reform.<br />

Other matters ranged from the budget<br />

to the territory’s books themselves. “I remember<br />

being invited in 1994 to advise on<br />

whether government accounts should be<br />

changed from cash basis to accrual basis,”<br />

says Cheung. “In the end we decided not to at<br />

the time, because 1997 was coming and if you<br />

suddenly changed the government’s accounting<br />

there might have been suspicion about the<br />

British motives.”<br />

By 1994, the technical department had<br />

grown so large it was split into three sections:<br />

standards, development and compliance.<br />

Cheung decided she would head develop-<br />

PHOTO: BRIAN CHING<br />

ment herself. Baldwin left to join KPMG after<br />

his contract was up.<br />

In her new role, Cheung focused on corporate<br />

governance and technology. “Because I<br />

knew that in the next century, those would be<br />

the drivers for us.”<br />

In 1992, the British government, alarmed<br />

at the number <strong>of</strong> companies going bankrupt,<br />

commissioned an inquiry headed by Sir<br />

Adrian Cadbury, which developed a code that<br />

aimed to raise the standards <strong>of</strong> corporate governance<br />

and financial reporting. “I read the<br />

Cadbury report,” says Cheung, who thought<br />

<strong>Hong</strong> <strong>Kong</strong> should pay attention.<br />

Edward Chow, an <strong>Institute</strong> council member<br />

who went on to become president, asked<br />

Cheung to set up a corporate governance<br />

working group in 1995 to see how <strong>Hong</strong> <strong>Kong</strong><br />

fared. “We produced our first corporate governance<br />

report with 19 recommendations for<br />

change. This I think must have been the first<br />

corporate governance report on <strong>Hong</strong> <strong>Kong</strong>.<br />

It received a lot <strong>of</strong> attention but also controversy<br />

on a number <strong>of</strong> its more forward think-<br />

ing proposals,” she recalls. “Now everyone in<br />

town is involved in corporate governance in<br />

one form or another. You look back and there<br />

was nothing. Now it is the norm.”<br />

Cheung created the <strong>Institute</strong>’s Best Corporate<br />

Governance Disclosure Awards in 2000,<br />

which are still running and are considered<br />

the most prestigious out <strong>of</strong> a raft <strong>of</strong> awards.<br />

As the end <strong>of</strong> the century approached in<br />

the late 1990s, the potential fallout from the<br />

millennium bug was worrying <strong>Hong</strong> <strong>Kong</strong> accountants.<br />

“We created the information technology<br />

committee and interest group, which<br />

engaged in dialogue with organizations in<br />

the United States and Europe.” Driven largely<br />

by Cheung and her counterparts in the U.S.,<br />

Canada, U.K. and France, the International<br />

Innovation Network, a group where many <strong>of</strong><br />

the world’s accounting bodies work together<br />

to develop technology used by the pr<strong>of</strong>ession,<br />

was formed in San Francisco. “I hosted<br />

a meeting in <strong>Hong</strong> <strong>Kong</strong> over three days prior<br />

to that where the agreement <strong>of</strong> 16 bodies was<br />

gained to form the IIN. That was the beginning<br />

<strong>of</strong> my global relationship building with<br />

different cultures.”<br />

A new era<br />

By 2002, Cheung felt her work at the Society<br />

was almost <strong>do</strong>ne. “In 2002, I was thinking <strong>of</strong><br />

retiring, actually,” she reveals. “My son was<br />

going to university in England in a couple <strong>of</strong><br />

years time and I was thinking I should be returning<br />

to the United King<strong>do</strong>m. At that time<br />

I was very interested in child psychology. I<br />

thought I could have another career. I would<br />

take leave to attend courses on how to talk to<br />

children – it helped me talk to adults too!”<br />

At the same time, Cheung was forming a<br />

vision <strong>of</strong> how the Society could be reinvented.<br />

“When I qualified as a chartered accountant<br />

in England, it was one <strong>of</strong> the proudest moments<br />

<strong>of</strong> my life. Chartered accountants were<br />

so respected in the U.K. community. When I<br />

came back to <strong>Hong</strong> <strong>Kong</strong>, respect for accountants<br />

was not the same.” Cheung thought the<br />

root <strong>of</strong> the problem was the Society’s lack <strong>of</strong><br />

its own qualification programme, its own<br />

brand and independence.<br />

This, says Cheung, left the Society without<br />

a soul. “We didn’t produce our own product.<br />

We outsourced it through the ACCA examination.<br />

That was something I carried in my<br />

heart for a long time.” Cheung was determined<br />

to remake the image <strong>of</strong> accounting<br />

in <strong>Hong</strong> <strong>Kong</strong>. “We’d been talking about rebranding<br />

to CPA for a while.”<br />

Although the Society’s qualification pro-<br />

June 2012 23


Chief executive retirement<br />

24 June 2012<br />

gramme had been created in 1999, it had a<br />

low take-up. “<strong>The</strong> QP was crafted to cater for<br />

the 21st century,” says Cheung. “It’s not just a<br />

Q&A exam. You have to solve cases, present at<br />

workshops and people were not used to that.”<br />

Students thought the QP was too hard and<br />

most opted for programmes perceived to be<br />

easier and which could still give automatic<br />

membership into the Society. “At that time,<br />

the Society recognized 14 overseas qualifications<br />

unilaterally, so people could take any<br />

one <strong>of</strong> those exams to join us without <strong>do</strong>ing<br />

our programme,” she says.<br />

<strong>The</strong>n the registrar, Lee Kai-fat, announced<br />

he was leaving in December 2003. <strong>The</strong> Society<br />

began looking for his replacement and<br />

created a five-person selection panel. “Each <strong>of</strong><br />

the panel members came to talk to me to see if<br />

I was interested,” Cheung recalls. “I remember<br />

telling them there are plenty <strong>of</strong> excellent<br />

people out there. If you find somebody better<br />

than me, I’d be happy to serve under them.”<br />

Cheung credits then President David Sun,<br />

chair <strong>of</strong> the selection panel, for convincing<br />

her to take the top job. “When after a period<br />

<strong>of</strong> search, I was asked again to consider going<br />

for the job by the head hunting firm. I said ‘I<br />

need to be called <strong>chief</strong> executive,’ a title the<br />

Society had not had before, and ‘I need to<br />

have this ability to be at the heart <strong>of</strong> policymaking.’<br />

David went to council and got both<br />

<strong>of</strong> my requests granted.”<br />

“I went home to my two children, Steven<br />

and Sara. Sara was 10 at the time; her brother<br />

five years older. I said to them, ‘If I take this<br />

job, I may have to work weekends and come<br />

home very late.’ My son said, ‘Don’t worry. If<br />

you want to <strong>do</strong> it, <strong>do</strong> it. I’m old enough and I<br />

<strong>can</strong> look after Sara.’ And my daughter said,<br />

‘Yes, give Steven a chance.’ Two months later,<br />

my daughter said, ‘Mommy, <strong>can</strong> you give your<br />

job back?’” <strong>The</strong>y <strong>of</strong> course settled on mum<br />

coming home earlier and Sara continued to<br />

enjoy her new free<strong>do</strong>m.<br />

Her first year as <strong>chief</strong> executive – 2004–<br />

was a whirlwind. She had to shepherd<br />

through a private members’ bill that amended<br />

the <strong>Institute</strong>’s name and members’ designation,<br />

and enhanced independence in <strong>Institute</strong>’s<br />

governance.<br />

“Eric Li, our LegCo representative at the<br />

time, sponsored the bill. LegCo formed a committee<br />

to review the bill and we only had a couple<br />

<strong>of</strong> months until the LegCo went into recess<br />

in June 2004 to pass the bill, or else we’d have<br />

to start all over again when the new LegCo was<br />

formed. It was a challenge – the bill changed<br />

almost every section <strong>of</strong> the Pr<strong>of</strong>essional Ac-


countants Ordinance. We didn’t know what<br />

the legislators would ask.” It was passed.<br />

This was the second bill Cheung took to<br />

the LegCo on behalf <strong>of</strong> the pr<strong>of</strong>ession. <strong>The</strong><br />

first in 1997 was to allow CPA practices to<br />

incorporate and bring limited liability to the<br />

audit pr<strong>of</strong>ession for the first time.<br />

In September 2004, the Society became<br />

the <strong>Hong</strong> <strong>Kong</strong> <strong>Institute</strong> <strong>of</strong> CPAs. “We rebranded<br />

ourselves and what we produced was<br />

<strong>of</strong> such quality I think people were proud and<br />

glad. Why <strong>do</strong> we want to be in a pr<strong>of</strong>ession?<br />

It’s the pride and the quality that it brings.”<br />

Cheung redefined relationships and agreements<br />

with overseas accounting bodies that<br />

year. Cheung wrote to all 14 bodies to tell<br />

them the <strong>Institute</strong> would end its recognition <strong>of</strong><br />

their qualification by June 2005.<br />

That approach was rooted in a belief that<br />

the QP was as good – or superior – to any other<br />

programme. “Our QP was developed by local<br />

and overseas experts with the assistance<br />

<strong>of</strong> the Australian, New Zealand and Scottish<br />

chartered accountant bodies and put through<br />

very comprehensive market research and<br />

stakeholder consultation. We created a competency<br />

framework benchmarked against<br />

our QP. We set two conditions for recognition<br />

<strong>of</strong> any other qualification with overseas institutes.<br />

One is that it had to be mutual. Two,<br />

the programme had to meet our competency<br />

benchmark. <strong>The</strong> assessment would be performed<br />

by an independent expert agreed by<br />

both sides. That was fair and reasonable.”<br />

In the following years, she gained global<br />

recognition <strong>of</strong> the <strong>Hong</strong> <strong>Kong</strong> <strong>Institute</strong> <strong>of</strong> CPAs<br />

qualification by establishing mutual recognition<br />

agreements with almost every one <strong>of</strong> the<br />

14 bodies based on the <strong>Institute</strong>’s qualification<br />

standard. She also co-founded the Global Accounting<br />

Alliance with the most important accounting<br />

institutes around the world.<br />

With the QP’s success came growth. In<br />

2005, Cheung made the purchase for the <strong>Institute</strong><br />

<strong>of</strong> the two floors in Wu Chung House,<br />

expanding space from 20,000 to 50,000<br />

square feet to accommodate the increasing<br />

staff, students and members, and gaining a<br />

training and conference centre and lounge<br />

for member activities. “<strong>The</strong> value <strong>do</strong>ubled in<br />

five years with a gain <strong>of</strong> HK$250 million.”<br />

Cheung’s elevation to the <strong>chief</strong> executive’s<br />

job also put her back in the China spotlight.<br />

“I didn’t know Mandarin – I’ve had very few<br />

lessons. But Mandarin was learned by being<br />

forced to negotiate.”<br />

Learning quickly, Cheung worked to develop<br />

closer ties between the pr<strong>of</strong>essions in<br />

<strong>Hong</strong> <strong>Kong</strong> and the mainland.<br />

“In 2004 we got CEPA and that was my<br />

chance to negotiate a better deal than anybody<br />

else, such as mutual examination paper<br />

exemptions with the CICPA. We obtained<br />

four out <strong>of</strong> seven paper exemptions from the<br />

mainland CPA qualification exams.”<br />

And she crafted the <strong>Institute</strong>’s policy in<br />

2001 that led to <strong>Hong</strong> <strong>Kong</strong>’s convergence<br />

with IFRS in 2005 and at the same time,<br />

crafted the model for <strong>Hong</strong> <strong>Kong</strong>’s own SME<br />

financial reporting framework and standards.<br />

She also later in 2006 and 2007 led<br />

the China and <strong>Hong</strong> <strong>Kong</strong> financial reporting<br />

and auditing standards convergence project<br />

that resulted in a joint declaration <strong>of</strong> convergence<br />

in December 2007. For the following<br />

three years, she attended every half yearly<br />

tripartite meeting between the International<br />

Accounting Standards Board, China’s Minis-<br />

“<strong>The</strong> joy <strong>of</strong> working<br />

for the <strong>Institute</strong><br />

in these 22 years<br />

was the chance<br />

<strong>of</strong> working with<br />

the pr<strong>of</strong>ession’s<br />

best and brightest<br />

people.”<br />

try <strong>of</strong> Finance and the <strong>Institute</strong> and published<br />

an annual convergence update each year. She<br />

believes China has embraced the international<br />

financial reporting standards with clear<br />

commitment and sincerity.<br />

“China is a developing country. It’s had a<br />

very short time to grow very quickly. It undertook<br />

to benchmark its rules and regulations<br />

with the rest <strong>of</strong> the world. You have to praise<br />

all the <strong>of</strong>ficials involved. I’ve worked with<br />

them closely and they put their whole heart in<br />

it.” Director General Liu Yuting at the Ministry<br />

<strong>of</strong> Finance led the project on the China side.<br />

Cheung also fulfilled the <strong>Institute</strong>’s social<br />

responsibility by introducing the award winning<br />

May Moon children’s book series and the<br />

“Rich Kid, Poor Kid” community project to<br />

use the skills <strong>of</strong> accountants to teach young<br />

people about money.<br />

“I am really proud <strong>of</strong> the May Moon storybooks.<br />

It is an amazing way to reach children<br />

to teach them about money, and to teach<br />

them what it is that accountants <strong>do</strong>,” she says.<br />

“If we <strong>can</strong> reach just a few bright boys and<br />

girls with our message about how great it is to<br />

be an accountant, those books will have <strong>do</strong>ne<br />

their job.”<br />

Crossroads<br />

On the eve <strong>of</strong> Cheung’s departure, she gives<br />

these final words for the future. “We have<br />

built ourselves a very strong foundation. To<br />

sustain our growth, our brand name and influence,<br />

we need to continue to evolve and to<br />

open <strong>do</strong>ors, expand our geography as well as<br />

our service boundaries. <strong>The</strong> next five years is<br />

critical to secure an open rather than closed<br />

<strong>do</strong>or policy for <strong>Hong</strong> <strong>Kong</strong> practitioners in<br />

China following the end <strong>of</strong> the Big Four joint<br />

ventures. Post qualified specialization and<br />

demand driven continuing pr<strong>of</strong>essional development<br />

are key to our next generation in<br />

today’s knowledge and technology world. We<br />

need to expand our role in these areas. We<br />

need to take bold steps to face our challenges<br />

with a global mindset and China focus. We<br />

live in a global world, there will be increasing<br />

pressure on us to conform to global policies<br />

and regulations. We need to be bold to ask<br />

questions rather than blind copying. <strong>The</strong> conflict<br />

between cross border regulation and national<br />

boundaries remains an issue and needs<br />

our resolve. <strong>The</strong> <strong>Hong</strong> <strong>Kong</strong> <strong>Institute</strong> <strong>of</strong> CPAs<br />

is a public body serving 1 percent <strong>of</strong> our working<br />

population with diversified interests and<br />

needs. This will be an increasing challenge<br />

with the added political environment we are<br />

in today. We need to be strong to lead the way.”<br />

Cheung is sure she made the right decision<br />

by joining the <strong>Institute</strong>. “I really treasure the<br />

unique experience and satisfaction I had when<br />

going through all these challenging ventures,”<br />

she says. “<strong>The</strong> joy <strong>of</strong> working for the <strong>Institute</strong><br />

in these 22 years was the chance <strong>of</strong> working<br />

with the pr<strong>of</strong>ession’s best and brightest<br />

people and in seeing the positive changes and<br />

advancements that we’ve been able to realize<br />

together for the <strong>Institute</strong>, the pr<strong>of</strong>ession and<br />

<strong>Hong</strong> <strong>Kong</strong>. I’m proud <strong>of</strong> what we’ve achieved,<br />

especially the projects that have made a difference.”<br />

She thanks everyone who has been<br />

with her on this journey. “<strong>The</strong>re are too many<br />

to name them all but they know who they are.<br />

And I must thank my husband John for the<br />

free<strong>do</strong>m he gave me to pursue my goals.”<br />

Since she’s realized the goals she set upon<br />

becoming <strong>chief</strong> executive, Cheung says it’s<br />

time for her to leave the <strong>Institute</strong> with the<br />

good memories. She says she’ll take a “gap<br />

year” to find out where her next journey will<br />

take her. “I am grateful for the past journey<br />

and happy to be embarking on a new one.”<br />

June 2012 25


Accounting and law<br />

THE<br />

ODD<br />

COUPLE<br />

<strong>Accountants</strong> and lawyers<br />

are getting together on<br />

multidisciplinary projects<br />

and in multidisciplinary firms.<br />

George W. Russell reports on<br />

how they’re getting along<br />

Illustrations by Tree Tree Tes<br />

26 June 2012


Are accountants and lawyers a<br />

marriage made in heaven or hell? It’s a metaphorical<br />

union that will raise a smile from<br />

those in both pr<strong>of</strong>essions, but one that may<br />

soon be put to the test in England and Wales,<br />

where legislative changes mean the two pr<strong>of</strong>essions<br />

might start practising together in<br />

multidisciplinary firms.<br />

Before the Legal Services Act 2007 came<br />

into effect in October 2011, lawyers there<br />

could only practise law as sole traders (solicitors<br />

or barristers), partners in firms, or an<br />

employee providing legal services to an employer.<br />

Now, they are able to practise in socalled<br />

alternative business structures, which<br />

<strong>can</strong> add non-law services – such as accounting<br />

– to their practice and have non-lawyers<br />

in pr<strong>of</strong>essional, management or ownership<br />

roles. It opens up the possibility <strong>of</strong> British<br />

pr<strong>of</strong>essional service super firms.<br />

<strong>The</strong> change has led PricewaterhouseCoopers<br />

in the United King<strong>do</strong>m to explore fully<br />

meshing PwC Legal with its accounting unit.<br />

On the other side <strong>of</strong> the coin, Irwin Mitchell,<br />

a Lon<strong>do</strong>n law firm, announced in January<br />

that it had hired Glyn Barker, a former PwC<br />

vice chairman, as its new chairman, signalling<br />

a push into accounting services.<br />

A survey released in February by Lon<strong>do</strong>n<br />

accounting firm Smith & Williamson showed<br />

the trend is speeding up. <strong>The</strong> firm surveyed<br />

126 <strong>of</strong> the top 250 law firms in England and<br />

Wales and found that one third were interested<br />

in merging with a non-law practice in<br />

the next two years. “We could see a number<br />

June 2012 27


Accounting and law<br />

28 June 2012<br />

<strong>of</strong> mergers… with their equivalents from the<br />

surveying or accounting fields,” says Giles<br />

Murphy, a pr<strong>of</strong>essional practice partner at<br />

Smith & Williamson.<br />

Super firms<br />

Multidisciplinary firms are not new. In Germany,<br />

multidisciplinary firms have provided<br />

law and accounting services since<br />

the 1940s. Most provinces in Canada<br />

have allowed multidisciplinary practices<br />

progressively since the late 1990s,<br />

although they remain under the control<br />

<strong>of</strong> lawyers. South Afri<strong>can</strong> lawyers and<br />

accountants voted in favour <strong>of</strong> allowing<br />

multidisciplinary practices a decade<br />

ago, and several pr<strong>of</strong>essional firms,<br />

such as Germany’s Rödl & Partner, have<br />

had Johannesburg <strong>of</strong>fices since 2008.<br />

More jurisdictions are yielding to the<br />

trend. <strong>The</strong> legislative changes occurring in<br />

England and Wales are being echoed across<br />

the sea in Ireland, where the similar Legal<br />

Services Regulation Bill is expected to pass a<br />

parliamentary vote this year. And in Australia,<br />

where multidisciplinary practices have<br />

been permitted since the Legal Pr<strong>of</strong>ession<br />

Act 2004 was passed, accounting firms are<br />

bolstering their legal capabilities at the expense<br />

<strong>of</strong> law firms.<br />

“It has clearly become a growth area for<br />

the Big Four,” says Michael Bersten, head <strong>of</strong><br />

the tax risk practice at PwC in Sydney.<br />

Last year, KPMG in Sydney introduced<br />

its Australian tax dispute service, hiring a<br />

well-known barrister, Jeremy Geale, to lead<br />

it. This year it appointed Matthew Stutsel, a<br />

partner from the Freehills law firm, to a senior<br />

tax role, while Ernst & Young hired Sue<br />

Williamson, a partner with law firm Clayton<br />

Utz, to head its tax team in Melbourne.<br />

<strong>The</strong> changes have already had startling<br />

results: accounting firms, not law practices,<br />

represented a number <strong>of</strong> companies, including<br />

Australian airline Qantas and Italian eyewear<br />

maker Luxottica, in recent court victo-


But it’s the<br />

safest way<br />

ries against the Australian Tax Office.<br />

“Over the next few years, I believe we will<br />

see the Big Four accounting firms much more<br />

prominently involved in the legal marketplace,”<br />

says Richard Susskind, pr<strong>of</strong>essor <strong>of</strong><br />

law at the University <strong>of</strong> Strathclyde in Scotland<br />

and author <strong>of</strong> <strong>The</strong> End <strong>of</strong> Lawyers? published<br />

by Oxford University Press.<br />

Susskind says lawyers have stood by idly<br />

while accountants have taken the initiative<br />

and ramped up their services to clients.<br />

“I stand by the view that, if law firms <strong>do</strong> not<br />

modernize, then accounting firms will capitalize<br />

on the market opportunities,” he says.<br />

“Clients are looking for better, cheaper, more<br />

imaginative legal service providers.”<br />

<strong>Hong</strong> <strong>Kong</strong><br />

In <strong>Hong</strong> <strong>Kong</strong>, the rise <strong>of</strong> multidisciplinary<br />

practices has been hampered by a legal restriction.<br />

<strong>Hong</strong> <strong>Kong</strong> legislation prohibits<br />

solicitors from sharing pr<strong>of</strong>its with those not<br />

qualified in law.<br />

As a result, <strong>Hong</strong> <strong>Kong</strong> lawyers remain<br />

cautious about multidisciplinary practices,<br />

but have noted that the city’s law firms may<br />

be getting left behind by accounting firms.<br />

“<strong>The</strong> question now is whether <strong>Hong</strong> <strong>Kong</strong><br />

is going to sit back and relax while multidisciplinary<br />

practices are all the rage elsewhere,”<br />

former <strong>Hong</strong> <strong>Kong</strong> Law Society President<br />

Huen Wong wrote recently. “<strong>Accountants</strong><br />

[have] been actively stretching beyond<br />

their traditional scope <strong>of</strong> accounting and<br />

auditing services to cover a diversified<br />

range <strong>of</strong> consultancy work including tax,<br />

mergers and acquisitions, business recovery,<br />

capital markets, risk controls, visa solutions<br />

and human resources.”<br />

Despite the legislative handicap, <strong>Hong</strong><br />

<strong>Kong</strong> lawyers and accountants already work<br />

together in myriad ways and say it’s a beneficial<br />

relationship. “CPA firms and law firms<br />

have been working closely with and cross<br />

referring clients to each other,” says Frances<br />

Chan, a <strong>Hong</strong> <strong>Kong</strong> <strong>Institute</strong> <strong>of</strong> CPAs<br />

June 2012 29


Accounting and law<br />

member and a director <strong>of</strong> KCS, which provides<br />

corporate secretarial services. “It is a<br />

good thing to consider things from both legal<br />

and accounting perspectives before giving<br />

advice to clients.”<br />

PwC Legal, the most prominent Big Four<br />

law services arm globally, <strong>do</strong>esn’t operate in<br />

<strong>Hong</strong> <strong>Kong</strong>. “Our firm <strong>do</strong>es not provide legal<br />

services either through its own members or<br />

in conjunction with an external law firm,”<br />

says a PwC spokesman, although its website<br />

<strong>of</strong>fers solutions to a range <strong>of</strong> legal matters –<br />

such as employment and immigration law<br />

and corporate secretarial services – in <strong>Hong</strong><br />

<strong>Kong</strong> and China.<br />

Accounting-law tie-ups <strong>do</strong>n’t have a happy<br />

history in <strong>Hong</strong> <strong>Kong</strong>. Kwok & Yih was the<br />

last law firm to join Andersen Legal in 2001,<br />

months before its demise along with the rest<br />

<strong>of</strong> Arthur Andersen’s empire. “I’m personally<br />

in favour <strong>of</strong> multidisciplinary firms,’’ says<br />

Kwok & Yih c<strong>of</strong>ounder Larry Kwok, now China<br />

managing partner <strong>of</strong> King & Wood Mallesons,<br />

a large law firm.<br />

Heaven or hell?<br />

Some in the field have pondered whether<br />

someday we might see a full global merger between<br />

a Big Four accounting firm and an international<br />

law firm. “<strong>The</strong>re are a number <strong>of</strong><br />

30 June 2012<br />

challenges to that happening and one <strong>of</strong> them<br />

is conflicts <strong>of</strong> interest,” says Jeremy Black, a<br />

partner in Deloitte’s pr<strong>of</strong>essional practices<br />

group in Lon<strong>do</strong>n. “I think you would get into<br />

a position where you were precluded from<br />

acting for quite a large number <strong>of</strong> large companies<br />

because either you were <strong>do</strong>ing legal<br />

work for them or <strong>do</strong>ing audit work,” he adds.<br />

“That would make life difficult.”<br />

<strong>Accountants</strong> and lawyers <strong>do</strong>n’t necessarily<br />

get along under one ro<strong>of</strong>, experts say.<br />

“Historically, integration <strong>of</strong> accounting and<br />

law haven’t always been successful, largely<br />

because <strong>of</strong> the fact that the pr<strong>of</strong>essions have<br />

a different cultural and behavioural heritage,”<br />

says David McCleery, a member <strong>of</strong> the<br />

<strong>Institute</strong> <strong>of</strong> Chartered <strong>Accountants</strong> in Australia<br />

and executive director <strong>of</strong> MCP Group in<br />

Melbourne, a multidisciplinary firm. “I find<br />

that ethical calls in accounting <strong>can</strong> be more<br />

subjective,” he explains. “<strong>The</strong> law in many respects<br />

is very clear on a number <strong>of</strong> processes<br />

and policies surrounding proper conduct.”<br />

McCleery adds the cultural divide <strong>can</strong><br />

be bridged, however. “I <strong>do</strong> believe that they<br />

<strong>can</strong> exist in harmony,” he concludes. Indeed,<br />

there are some good skill transfers that <strong>can</strong><br />

arise from working closely together, says<br />

McCleery, in fields such as tax. “Lawyers are<br />

<strong>of</strong>ten concerned with the protection <strong>of</strong> assets<br />

as a priority while accountants may focus on<br />

tax effectiveness,” he says.<br />

Corporate restructuring and insolvency<br />

are other areas for cross fertilization. “CPAs<br />

are <strong>of</strong>ten the first port <strong>of</strong> call in respect <strong>of</strong><br />

matters such as restructuring but might need<br />

input from lawyers with regard to legal issues,”<br />

notes Yeeling Wan, a solicitor with Stephenson<br />

Harwood and an <strong>Institute</strong> member.<br />

Compliance <strong>can</strong> benefit from both law<br />

and accounting expertise, says <strong>Institute</strong><br />

member Jenny Fung, executive director <strong>of</strong><br />

global compliance at Goldman Sachs, who is<br />

both an accountant and lawyer.<br />

Accounting and law cross over in the corporate<br />

secretarial field too, says Chan at KCS,<br />

which was formed from the merger <strong>of</strong> the<br />

corporate services units <strong>of</strong> Grant Thornton<br />

and KPMG.<br />

Meanwhile, legal accounting – accountants<br />

applying their corporate financing and<br />

business assurance skills to a law firm itself –<br />

is emerging as a specialized field. “A qualified<br />

accountant <strong>can</strong> share in a law firm… the<br />

understanding <strong>of</strong> the financial structure, financial<br />

management and financial controls<br />

required in the firm,” says Des Murray, finance<br />

director <strong>of</strong> the Dublin law firm Mason<br />

Hayes & Curran and a member <strong>of</strong> Chartered<br />

<strong>Accountants</strong> Ireland.


Those who advocate for<br />

multidisciplinary practices<br />

say client service is the<br />

end goal and overrides<br />

any differences between<br />

lawyers’ and accountants’<br />

viewpoints.<br />

Dual identity<br />

Many <strong>Institute</strong> members hold both accounting<br />

and law qualifications, including Fung<br />

and Wan. Wan also holds the <strong>Institute</strong>’s specialist<br />

qualification in insolvency.<br />

“I think both qualifications equipped me<br />

with more well-rounded knowledge and<br />

skills, which add value to my personal and<br />

career development,” Fung says. “<strong>The</strong> accounting<br />

qualification enables me to interpret<br />

financial implications while the law<br />

qualification enables me to understand the<br />

underlying legal principles and interpretation,”<br />

she says.<br />

<strong>Institute</strong> member Bo Tse, vice president<br />

<strong>of</strong> finance at IC Intracom Trading in Shanghai,<br />

says his <strong>do</strong>uble qualification gave him<br />

business sense and analytical thinking. “I<br />

<strong>can</strong> give a legal consideration to all related<br />

aspects <strong>of</strong> the manufacturing and exportimport<br />

businesses.”<br />

Those who advocate for multidisciplinary<br />

practices say client service is the end goal and<br />

overrides any differences between lawyers’<br />

and accountants’ viewpoints. “Identification<br />

<strong>of</strong> potential issues is <strong>of</strong> real value to a client,”<br />

says McCleery. “And on many issues the client<br />

<strong>do</strong>es not see the line between lawyer, accountant<br />

or general adviser. <strong>The</strong>y just want<br />

the right advice.”<br />

January June 2012 31


Success ingredient<br />

Mary Au, CFO, WWF<br />

Giving<br />

nature<br />

Mary Au, CFO <strong>of</strong> the WWF in<br />

<strong>Hong</strong> <strong>Kong</strong>, explains to George<br />

W. Russell her decision to move<br />

from corporate life to the uncertain<br />

world <strong>of</strong> nonpr<strong>of</strong>it organizations<br />

Photography by Kees Metselaar<br />

Mary Au<br />

grew up in a world <strong>of</strong> compassion. Her father<br />

was a <strong>do</strong>ctor, treating the ill and disabled.<br />

Her mother was a nurse. Even the family pets<br />

32 June 2012<br />

were somehow imbued with a sense <strong>of</strong> giving:<br />

“Our <strong>do</strong>g used to leave food for the cat,”<br />

she recalls with a chuckle.<br />

Today, Au combines her job as <strong>chief</strong> financial<br />

<strong>of</strong>ficer <strong>of</strong> an environmental charity, the<br />

WWF in <strong>Hong</strong> <strong>Kong</strong>, with a part time pursuit<br />

as a counsellor to the emotionally troubled.<br />

Au had a scientific mind as a child. Even<br />

watching her mother boil water for tea set<br />

her thinking about how to use energy more<br />

efficiently. “I was always looking for faster<br />

and easier ways,” she says.<br />

Not all her thoughts were rewarded:<br />

teachers would scold her for her mental calculations,<br />

which they dismissed as daydreaming.<br />

Au eventually settled <strong>do</strong>wn into a mathematics<br />

stream that led to her present career.<br />

“In form five I did some commercial courses,”<br />

she recalls. “That was my first experience <strong>of</strong><br />

the commercial field, and I wanted to work<br />

with people.”<br />

She graduated from <strong>Hong</strong> <strong>Kong</strong> Polytechnic<br />

University with an accounting degree and<br />

emerged as an accountant after briefly think-


ing about following her father into medicine.<br />

“When I was young I was thinking about being<br />

a <strong>do</strong>ctor but was concerned by the transience<br />

<strong>of</strong> relationships. You might have a patient<br />

but he comes in and he goes again,” she<br />

says. “In the commercial field you have a lot<br />

more lasting interactions.”<br />

Office jobs<br />

Initially, Au’s career followed a familiar pattern.<br />

“I moved to Ernst & Young as an audit<br />

trainee.” <strong>The</strong>re she completed her training as<br />

a CPA, before she moved to an E&Y client as<br />

a financial controller after deciding the commercial<br />

field was for her. “Being an accountant<br />

is not just about looking at the numbers<br />

but making use <strong>of</strong> those numbers,” she says.<br />

Meanwhile, she pursued a master’s in business<br />

administration, graduating from the<br />

Chinese University <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong>.<br />

Au – in many ways still the same curious<br />

girl she had been – kept her insatiable desire<br />

to acquire more knowledge. She completed<br />

a post-graduate degree in Chinese law at<br />

Tsinghua University in Beijing, a master’s<br />

in information technology at Curtin University<br />

and a <strong>do</strong>ctorate in accounting from<br />

Polytechnic University. Finally, in 2009, Au<br />

obtained a master’s <strong>of</strong> social science in counselling<br />

from the University <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong>.<br />

She stayed in the private sector for more<br />

than decade, working with several companies<br />

in manufacturing, trading, pharmaceuticals<br />

and logistics. “My hours at Hutchison Ports<br />

were 8:30 a.m. to 3 a.m.,” she remembers.<br />

In her last commercial role, Au was finan-<br />

June 2012 33


???????????<br />

Success ingredient<br />

“<strong>Hong</strong> <strong>Kong</strong> is the second<br />

largest consumer <strong>of</strong> seafood<br />

in Asia. We need to eat in<br />

such a way that you’re also<br />

<strong>do</strong>ing something good for<br />

your environment.”<br />

cial controller at Schmidt Electronics Group<br />

for six years until 2010. During that time she<br />

became aware <strong>of</strong> the WWF through its promotion<br />

<strong>of</strong> Earth Hour, an annual event during<br />

which people are encouraged to turn <strong>of</strong>f their<br />

lights and other electrical appliances.<br />

Au was also familiar with the WWF’s tours<br />

to the Mai Po wetlands <strong>of</strong> the New Territories,<br />

a popular weekend destination and a haven<br />

for migratory birds, unusual insects and fat<br />

gei wai shrimp.<br />

It was during her counselling course at the<br />

University <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong> that she reached a<br />

personal epiphany that it was important for<br />

her “body, mind and spirit to be in harmony.”<br />

From there it was a short leap to appreciating<br />

the harmony <strong>of</strong> nature. “After working<br />

in the commercial field for many years, I<br />

decided to make a change.” When she heard<br />

about the WWF posting, it became an obvious<br />

choice. “It tied in with what I believe.”<br />

Back to nature<br />

Au acknowledges that friends, colleagues<br />

and family questioned whether she knew<br />

what she was <strong>do</strong>ing. “<strong>The</strong>y said, why not stay<br />

in a commercial position?”<br />

But her mind was made up. “<strong>The</strong>y ought to<br />

know me,” she says. “<strong>The</strong>y only need to look<br />

at my pastime <strong>of</strong> working as a counsellor and<br />

providing emotional help to people.”<br />

Au moves easily between working with<br />

34 June 2012<br />

people, animals and ideas. “My job has many<br />

aspects,” she says. “One <strong>of</strong> which is process<br />

reengineering – making use <strong>of</strong> available resources<br />

to get the job <strong>do</strong>ne.”<br />

Shifting from pr<strong>of</strong>it to nonpr<strong>of</strong>it was not<br />

without its adjustments, however. “I would<br />

consider that with working in nonpr<strong>of</strong>it,<br />

there’s a big difference when it comes to implementing<br />

policy,” she says. “At a for-pr<strong>of</strong>it<br />

company you generally use a top-<strong>do</strong>wn approach.<br />

Employees need to obey and there’s<br />

no collection <strong>of</strong> comments.”<br />

<strong>The</strong> WWF has a different approach. “Here<br />

we always try to get consensus among colleagues.<br />

As CFO, it is important to get people’s<br />

consent – it is better than if you try to impose.<br />

You need more lobbying time but it’s better to<br />

see other people’s point <strong>of</strong> view.”<br />

Despite the consensual approach, Au says<br />

the WWF staff has a serious, committed approach<br />

to their work. “No, we <strong>do</strong>n’t give ourselves<br />

100 days <strong>of</strong> annual leave,” she says.<br />

Au says her commercial background is<br />

a big help when it comes to negotiation with<br />

companies about <strong>do</strong>nations or cooperation.<br />

She adds that working with companies includes<br />

a deeper involvement than merely extracting<br />

<strong>do</strong>nations.<br />

“Look at our programme for <strong>of</strong>fices in<br />

<strong>Hong</strong> <strong>Kong</strong>,” she suggests. “We give them<br />

some guidelines on how to operate in such a<br />

way that it’s a win-win situation. <strong>The</strong>y help<br />

save the environment by reducing energy usage<br />

but they also save money.”<br />

Au says there has been a sea change when<br />

it comes to <strong>Hong</strong> <strong>Kong</strong> companies being more<br />

environmentally aware. “Companies are much<br />

more positive on the environment,” she says.<br />

“Many companies in <strong>Hong</strong> <strong>Kong</strong> are our supporters<br />

and our <strong>do</strong>nors and are very keen to<br />

promote corporate social responsibility.”<br />

While corporate funding and cooperation<br />

are important, the WWF also tries to engage<br />

with individuals, communities, <strong>of</strong>ficials and<br />

other nongovernment organizations. “We try<br />

to <strong>do</strong> something to pass the message <strong>of</strong> education<br />

and conservation to all our stakeholders,<br />

not just companies.”<br />

One example <strong>of</strong> this is the WWF’s seafood<br />

conservation programme, a worldwide initiative<br />

against consumption <strong>of</strong> bluefin tuna<br />

that was localized to include shark fins and<br />

locally endangered species. Various messages<br />

were composed for the fishing industry,<br />

wholesalers, restaurants and diners. “<strong>Hong</strong><br />

<strong>Kong</strong> is the second largest consumer <strong>of</strong> seafood<br />

in Asia,” says Au. “We need to eat in such<br />

a way that you’re also <strong>do</strong>ing something good<br />

for your environment.”<br />

More than money<br />

Like every organization, the WWF was hit by<br />

the global <strong>do</strong>wnturn crisis and is trying to get<br />

its finances back on track. “When the finan-


A PLUS<br />

June 2012 35


Success ingredient<br />

cial crisis came, people became less likely to<br />

<strong>do</strong>nate,” says Au.<br />

Indeed, fundraising was already a challenging<br />

task because many people are sceptical<br />

about giving money to charities, she adds.<br />

Au says she uses her CPA skills to create transparency<br />

and set standards for the WWF’s corporate<br />

governance. “We try to provide transparency<br />

to our <strong>do</strong>nors,” she says, “and we try<br />

to provide confidence to our <strong>do</strong>nors through<br />

our corporate social responsibility and <strong>do</strong>nors’<br />

code <strong>of</strong> practice.”<br />

Asked how <strong>do</strong>nors <strong>can</strong> be sure funds are going<br />

to the right targets, Au points to the WWF’s<br />

36 June 2012<br />

long record with corporate sponsors. “Many<br />

companies have long term relationships [with<br />

the WWF] and have a strong trust in us.”<br />

Corporate sponsors help plan projects<br />

and get regular updates. “With our corporate<br />

membership programmes, we <strong>of</strong>fer talks and<br />

other help so they <strong>can</strong> organize their staff to<br />

be our volunteers,” Au says. “That way, <strong>do</strong>nors<br />

know what we are <strong>do</strong>ing.”<br />

Au also draws on her long experience <strong>of</strong><br />

cost control to make sure money is well spent.<br />

“We’re very cost conscious,” she says <strong>of</strong> the<br />

WWF. “We <strong>can</strong> still get the message across<br />

but minimize the costs. For every project we<br />

“In a commercial<br />

position you’re<br />

focused on pr<strong>of</strong>it and<br />

so on, but working<br />

here... you are <strong>do</strong>ing<br />

your job and also<br />

<strong>do</strong>ing something for<br />

the environment and<br />

the planet.”<br />

need to have a budget and make sure its status<br />

is always in line.”<br />

Au has no regrets about her move to the<br />

WWF. “It’s great,” she says. “In a commercial<br />

position you’re focused on pr<strong>of</strong>it and so on, but<br />

working here it’s a nonpr<strong>of</strong>it organization and<br />

you are <strong>do</strong>ing your job and also <strong>do</strong>ing something<br />

for the environment and the planet.”<br />

She is also connected to her coworkers in<br />

a different way. She enthuses, “Last Saturday<br />

we had Earth Hour and I noticed my colleagues’<br />

commitment. I’m very touched. It’s<br />

something not easily found in a commercial<br />

environment.”


<strong>Public</strong> speaking<br />

38 June 2012<br />

TOUGH<br />

CROWD<br />

New <strong>Hong</strong> <strong>Kong</strong> stock exchange rules mean auditors <strong>of</strong><br />

listed companies must attend AGMs to answer questions,<br />

which might be an unnerving ordeal for the inexperienced.<br />

Helen Dalley asks CPAs who know the ropes for advice<br />

Illustrations by Tree Tree Tes


While a brilliant<br />

public speech<br />

has the power to<br />

dazzle your audience,<br />

an ineffectual<br />

one will leave<br />

your crowd bored or,<br />

worse, confused by your message.<br />

Even if you are well prepared, an attack<br />

<strong>of</strong> the nerves <strong>can</strong> ruin your chances <strong>of</strong> successful<br />

delivery by leaving you tongue-tied,<br />

while PowerPoint and other technological<br />

aids may serve to trip you up.<br />

It’s important to remember, however,<br />

that you are not alone if you have a fear <strong>of</strong><br />

public speaking. Even the most confident<br />

people <strong>can</strong> become nerve-racked at the<br />

thought <strong>of</strong> addressing a crowd, and many<br />

public figures from Tiger Woods to Julia<br />

Roberts have confessed to a fear <strong>of</strong> public<br />

speaking. Those with an intense fear <strong>of</strong> pub-<br />

lic speaking suffer from glossophobia and<br />

avoid any event where they are likely to be<br />

the focus <strong>of</strong> attention.<br />

But like it or not, most <strong>of</strong> us will have to<br />

address an audience at some point and that<br />

point has come for auditors <strong>of</strong> publicly listed<br />

companies in <strong>Hong</strong> <strong>Kong</strong>, because new<br />

stock exchange rules dictate that they must<br />

attend annual general meetings held on or<br />

after 1 April 2012 to talk to shareholders.<br />

AGMs in <strong>Hong</strong> <strong>Kong</strong> <strong>can</strong> be unscripted<br />

and even rowdy affairs, as anyone who’s witnessed<br />

corporate governance activists such<br />

as David Webb badger Bank <strong>of</strong> East Asia<br />

<strong>chief</strong> executive David Li or PCCW chairman<br />

Richard Li <strong>can</strong> testify.<br />

Webb welcomes the presence <strong>of</strong> auditors<br />

at AGMs. “<strong>The</strong>y are responsible for signing<br />

<strong>of</strong>f on the accounts and <strong>of</strong> course they should<br />

be there to answer shareholders’ questions,”<br />

he tells A Plus.<br />

June 2012 39


<strong>Public</strong> speaking<br />

Experienced public speakers say there<br />

are frightening scenarios when speaking to<br />

an audience, but following some straightforward<br />

guidelines <strong>can</strong> help you put in a respectable<br />

performance at an AGM or other<br />

speaking engagement.<br />

Practice makes perfect<br />

Daniel Lin, managing partner at Grant<br />

Thornton, a member <strong>of</strong> the <strong>Hong</strong> <strong>Kong</strong> <strong>Institute</strong><br />

<strong>of</strong> CPAs and an editorial adviser to A<br />

Plus, believes you <strong>can</strong> learn a lot from others<br />

by attending seminars or watching TV, and<br />

adapting the presentation styles and habits <strong>of</strong><br />

successful orators into your own repertoire.<br />

“Practice over and over so you <strong>do</strong>n’t fluff<br />

your lines and mentally rehearse what you<br />

are going to say on the day, then visualize<br />

the run<strong>do</strong>wn,” he suggests. “If it’s a speech<br />

40 June 2012<br />

on a technical subject, familiarize yourself<br />

with the topic, and be prepared for tough<br />

questions.”<br />

On the day, he adds, make sure you arrive<br />

early, as this will settle you <strong>do</strong>wn. And when<br />

you begin to talk, set the scene by giving the<br />

audience plenty <strong>of</strong> eye contact. “You’ll lose<br />

them without it,” Lin says.<br />

Lin also believes that fledgling speech<br />

givers shouldn’t be too reliant on audio visual<br />

help such as PowerPoint. “It <strong>can</strong> be helpful<br />

to break <strong>do</strong>wn a difficult topic – just <strong>do</strong>n’t let<br />

it be the main attraction and <strong>do</strong>n’t just repeat<br />

what’s on the PowerPoint presentation. Use<br />

it to communicate key messages and display<br />

charts and graphics instead.”<br />

Lin notes that as most auditors are likely<br />

to speak at an AGM on behalf <strong>of</strong> a client,<br />

it’s worth remembering that you’re not the<br />

focus <strong>of</strong> attention; you’re there to support<br />

management as an auditor. “Some clients<br />

will ask you to read the audit report, while<br />

others will just want a few paragraphs. Find<br />

out what they want beforehand and practise<br />

reading it so you are familiar with the topic.”<br />

Engaging the audience<br />

Jim Woods, risk and control solutions leader<br />

for PricewaterhouseCoopers in China and<br />

<strong>Hong</strong> <strong>Kong</strong> and an <strong>Institute</strong> member with<br />

more than 20 years <strong>of</strong> public speaking experience<br />

– agrees with Lin that speakers shouldn’t<br />

rely on PowerPoint. “Have some high level<br />

notes written <strong>do</strong>wn to jog your memory so you<br />

<strong>can</strong> engage with your audience. This also reduces<br />

your reliance on technology, so if there<br />

is a technical error you <strong>can</strong> still carry on with<br />

your presentation.”


Woods also advises that those with little<br />

public speaking experience should build up<br />

their skills by starting small, and speaking<br />

on an easy, informal topic. “Make a speech<br />

at a friend’s birthday or leaving party so you<br />

are not under any pressure and know most <strong>of</strong><br />

the audience.” This, he says, <strong>can</strong> help build<br />

your confidence and ensure that you <strong>do</strong>n’t<br />

feel so nervous when you need to make a<br />

pr<strong>of</strong>essional presentation.<br />

As for pre-speech preparations, Woods<br />

advises that you put yourself in the audience’s<br />

shoes and deliver a speech from their<br />

perspective. He notes that accountants are<br />

frequently overly technical and should try to<br />

speak in layman’s terms instead. “It’s also a<br />

good idea to research your audience – try to<br />

find out their names and job titles before the<br />

event, and speak to them beforehand. Find<br />

out what they’re interested in. Build some<br />

rapport and then you will feel more comfortable<br />

if you <strong>can</strong> pick out friendly faces in the<br />

crowd when you’re speaking.”<br />

As for the presentation itself, Woods says,<br />

“think <strong>of</strong> it as a diamond shape. At the top is<br />

the key message, the middle is an elaboration<br />

on that, and the bottom is a wrap-up, a<br />

re-cap <strong>of</strong> your key messages.”<br />

Even the most captivating public speakers<br />

are likely to lose their audience after<br />

around 20 minutes according to Woods,<br />

who consequently advises it’s better to under-run<br />

than over-run.<br />

“Think about introducing an interactive<br />

element such as a video, or enquire about<br />

the possibility <strong>of</strong> taking a colleague along<br />

and get them to speak as well. You should<br />

also give the audience some discussion time<br />

“Some clients will<br />

ask you to read the<br />

audit report, while<br />

others will just want<br />

a few paragraphs.<br />

Find out what they<br />

want beforehand<br />

and practise reading<br />

it so you are familiar<br />

with the topic.”<br />

June 2012 41


<strong>Public</strong> speaking<br />

if possible to make your presentation more<br />

dynamic, so they feel they are not just being<br />

talked at.”<br />

Regular public speaker and author Laurence<br />

H. Lipsher believes his success comes<br />

<strong>do</strong>wn to not thinking <strong>of</strong> himself as an accountant<br />

making a speech but as an actor<br />

giving a performance.<br />

“I <strong>do</strong>n’t prepare a speech; I prepare a<br />

script – and I rehearse the hell out <strong>of</strong> it,” says<br />

Lipsher, who is an <strong>Institute</strong> member. “<strong>The</strong><br />

more one rehearses, the easier it is to get<br />

yourself out <strong>of</strong> trouble when you screw up,<br />

and all speakers, at some point in their performance,<br />

screw up.”<br />

Lipsher also stresses the need for a physical<br />

presence during a speech. “I also try to be ani-<br />

42 June 2012<br />

mated, using hand gestures, changing voice<br />

intonation, not standing still but walking<br />

around. Cordless microphones are far more<br />

effective than standing solely in front <strong>of</strong> the<br />

podium.”<br />

Think before you speak<br />

Clement Chan, a managing director <strong>of</strong> BDO<br />

and an <strong>Institute</strong> vice president, says one big<br />

fear about public speaking is the fear <strong>of</strong> not<br />

being able to give instant answers to questions<br />

from the audience.<br />

He says a wrong answer is much worse<br />

than a late answer and there is nothing<br />

wrong with saying, “I’ll get back to you on<br />

that.”<br />

Chan also notes that accountants at AGMs<br />

are responding to queries about the audit and<br />

shouldn’t answer any questions relating to<br />

the business and commercial decisions <strong>of</strong> the<br />

company, which are the responsibility <strong>of</strong> the<br />

management.<br />

Webb, the governance activist, says<br />

exactly this scenario might crop up with<br />

boards referring awkward questions to the<br />

auditors. “Auditors need to have the courage<br />

to say ‘that’s not my job’ and refer the question<br />

back to the board,” he says.<br />

Most importantly, perhaps, is that you<br />

shouldn’t put too much pressure on yourself:<br />

no one is expecting perfection. As Lin notes,<br />

accountants aren’t renowned public speakers,<br />

and any audience is likely to recognize<br />

this and cut you some slack.


Corporate governance<br />

Auditors’ liability and duty <strong>of</strong> care<br />

when responding to AGM questions<br />

Nathan Dentice and Veronica To examine possible effects <strong>of</strong><br />

changes to the Code on Corporate Governance Practices,<br />

which forms part <strong>of</strong> the stock exchange Listing Rules<br />

In October 2011, the <strong>Hong</strong> <strong>Kong</strong><br />

stock exchange published various<br />

changes to the Code on Corporate<br />

Governance Practices, which forms<br />

Appendix 14 <strong>of</strong> Listing Rules. <strong>The</strong> revised<br />

code came into effect on 1 April. Among<br />

other matters, the revised code requires<br />

a listed issuer to ensure that the issuer’s<br />

external auditors attend annual general<br />

meetings to answer questions about the<br />

conduct <strong>of</strong> the audit, the preparation and<br />

content <strong>of</strong> the auditor’s report, accounting<br />

policies and auditor independence. This<br />

changes the previous position under section<br />

141(7) <strong>of</strong> the Companies Ordinance, in which<br />

auditors were entitled, but not required, to<br />

attend AGMs.<br />

<strong>The</strong> new requirement to attend and<br />

answer questions at AGMs raises a question<br />

as to whether the revised code might extend<br />

an auditor’s legal duties and liabilities<br />

for negligence and economic loss to the<br />

company’s shareholders as individuals,<br />

in addition to the auditor’s existing duties<br />

towards the company.<br />

<strong>The</strong> current position under <strong>Hong</strong> <strong>Kong</strong><br />

law is that, generally, auditors only owe a<br />

duty <strong>of</strong> care to their client, being the company<br />

they are auditing. Nevertheless, a duty <strong>of</strong><br />

care to third parties, such as shareholders,<br />

creditors and potential investors, may arise in<br />

exceptional circumstances.<br />

<strong>The</strong> leading case on the question <strong>of</strong> an<br />

auditor’s duty <strong>of</strong> care to third parties is<br />

Caparo Industries plc. v Dickman [1990]<br />

2 AC 605. In that case, Caparo brought an<br />

action against the auditors <strong>of</strong> an electronics<br />

company, Fidelity, after an accomplished<br />

takeover <strong>of</strong> Fidelity. Caparo began to buy<br />

shares shortly before Fidelity published its<br />

annual audited accounts to shareholders.<br />

44 June 2012<br />

Caparo then purchased more shares in<br />

reliance on those accounts so as to take over<br />

Fidelity. In its claim against the auditors <strong>of</strong><br />

Fidelity, Caparo asserted that the audited<br />

accounts were incorrect and that it would not<br />

have purchased the shares had it known <strong>of</strong><br />

Fidelity’s true state <strong>of</strong> affairs.<br />

<strong>The</strong> House <strong>of</strong> Lords determined that, in<br />

general, auditors only owe a duty <strong>of</strong> care to<br />

shareholders as a body and not to individual<br />

shareholders. <strong>The</strong>y reasoned that the<br />

purpose <strong>of</strong> audited accounts is to enable the<br />

company’s management and shareholders<br />

to make informed decisions in respect <strong>of</strong><br />

the company and not to assist potential<br />

investors in deciding whether or not to<br />

invest in the company. To impose a duty on<br />

the auditors to all such investors would be to<br />

expose them to (in the words <strong>of</strong> Lord Oliver<br />

<strong>of</strong> Aylmerton) “a liability wholly indefinite in<br />

the area, duration and amount and would<br />

open up a limitless vista <strong>of</strong> uninsurable risk<br />

for the pr<strong>of</strong>essional man.”<br />

As regards existing shareholders, the<br />

House <strong>of</strong> Lords held that, while existing<br />

shareholders are entitled to rely on the<br />

audited accounts to protect their collective<br />

interest in the proper management <strong>of</strong> the<br />

company, they are not entitled to rely on<br />

the auditor’s statutory report as a basis for<br />

making their own investment decisions.<br />

<strong>The</strong> House <strong>of</strong> Lords then a<strong>do</strong>pted a<br />

threefold test for the purpose <strong>of</strong> determining<br />

whether the auditors nevertheless owed<br />

a duty <strong>of</strong> care to Caparo in the particular<br />

circumstances <strong>of</strong> the case. First, the<br />

damage must be reasonably foreseeable<br />

as a consequence <strong>of</strong> the auditor’s conduct.<br />

Second, there must be a close relationship<br />

<strong>of</strong> proximity between the parties such as<br />

to justify the imposition <strong>of</strong> a duty <strong>of</strong> care.<br />

Proximity for a duty <strong>of</strong> care would arise<br />

where (i) advice is required for a purpose<br />

and the auditor was fully aware <strong>of</strong> the nature<br />

<strong>of</strong> the transaction that the advisee had in<br />

contemplation; (ii) the auditor knew that<br />

the advice would be communicated to the<br />

advisee; (iii) the auditor knew that it was<br />

very likely that the advisee would rely on that<br />

advice in deciding whether to engage in the<br />

transaction; and (iv) the advice was so acted<br />

upon by the advisee to his detriment. Third,<br />

the situation must be such that it is fair, just<br />

and reasonable that the law should impose<br />

a duty upon the auditor. After examining the<br />

circumstances <strong>of</strong> the case, the House <strong>of</strong> Lords<br />

determined that no duty <strong>of</strong> care was owed to<br />

Caparo by the auditors <strong>of</strong> Fidelity.<br />

<strong>The</strong> decision in Caparo Industries plc.v<br />

Dickman represented a deliberate effort<br />

by the House <strong>of</strong> Lords to restrict the extent<br />

to which auditors might be liable to third<br />

parties. Underpinning the decision were<br />

important policy considerations, including<br />

a recognition that, if auditors routinely<br />

owed duties to all those parties who might<br />

rely upon audited accounts, the potential<br />

liabilities in respect <strong>of</strong> audit work would<br />

be enormous and unquantifiable, placing a<br />

heavy burden on auditors and potentially<br />

resulting in signifi<strong>can</strong>t increases in the costs<br />

<strong>of</strong> audit services.<br />

While the decision in Caparo Industries<br />

plc. v Dickman represents the leading case<br />

on the question <strong>of</strong> an auditor’s duty <strong>of</strong> care<br />

to third parties, there exist two other legal<br />

approaches that the courts might a<strong>do</strong>pt for<br />

the purposes <strong>of</strong> deciding whether to impose<br />

a duty <strong>of</strong> care in a particular case. One is the<br />

“assumption <strong>of</strong> responsibility” approach,<br />

which arises from Hedley Byrne & Co. Ltd. v<br />

Heller & Partners Ltd. [1964] AC 465. In this


case, the House <strong>of</strong> Lords ruled that a person<br />

may be liable to another party in respect <strong>of</strong><br />

statements that they make or advice that they<br />

give if they voluntarily assume responsibility<br />

to that other party, and the other party relies<br />

upon their judgment or skill. Lightman J.<br />

in the case <strong>of</strong> Anthony v Wright [1995] BCC<br />

768 summarized this in the context <strong>of</strong> audit<br />

reports as follows:<br />

“<strong>The</strong> law is well established that auditors<br />

<strong>do</strong> not in respect <strong>of</strong> their audits owe a duty<br />

<strong>of</strong> care to anyone other than the company<br />

itself save in exceptional circumstances<br />

where a special duty has been treated<br />

as assumed to a third party… A special<br />

relationship is required and in particular<br />

intention (actual or inferred) on the part <strong>of</strong><br />

the auditors that the third party shall rely,<br />

and reliance by the third party, on the audit,<br />

before a claim in negligence against the<br />

auditor <strong>can</strong> be maintained.”<br />

<strong>The</strong> other is the incremental approach<br />

suggested by Brennan J. in his judgment in<br />

the High Court <strong>of</strong> Australia in Sutherland Shire<br />

Council v Heyman [1984] 157 CLR 424, being<br />

that the law should develop new categories<br />

<strong>of</strong> negligence incrementally and by analogy<br />

with established categories. In the case<br />

<strong>of</strong> James McNaughton Paper Group Ltd. v<br />

Hicks Anderson & Co. [1991] 2 QB 113, the<br />

court identified six factors to be considered<br />

when deciding whether to impose a duty<br />

<strong>of</strong> care in relation to statements or advice.<br />

In particular, the court will consider (i) the<br />

purpose for which the statement was made;<br />

(ii) the purpose for which the statement<br />

was communicated; (iii) the relationship<br />

between the adviser, the advisee and any<br />

relevant third party; (iv) the size <strong>of</strong> any class<br />

to which the advisee belongs; (v) the state<br />

<strong>of</strong> knowledge <strong>of</strong> the adviser; and (vi) the<br />

reliance on the statement by the advisee.<br />

Each <strong>of</strong> the three approaches discussed<br />

above were reviewed in the context <strong>of</strong><br />

audit negligence in the case Bank <strong>of</strong> Credit<br />

Commercial International (Overseas) Ltd. v<br />

Price Waterhouse (No. 2) [1998] PNLR 564.<br />

In that case, Sir Brian Neill concluded that the<br />

court should apply all three tests, and if the<br />

facts were properly analysed, it was likely<br />

that they would all lead to the same result.<br />

Against the background set out above,<br />

it would appear that, to the extent the<br />

revised code introduced by the stock<br />

exchange requires auditors to attend<br />

AGMs and answer questions, the revised<br />

code will not (in and <strong>of</strong> itself) alter the<br />

existing principle that, in general, auditors<br />

will not owe a duty <strong>of</strong> care to individual<br />

shareholders. Nevertheless, by putting<br />

auditors in direct discussions with individual<br />

shareholders, there is now greater scope<br />

A PLUS<br />

for circumstances to arise in which a duty<br />

<strong>of</strong> care to individual shareholders might be<br />

imposed in a particular case.<br />

Auditors should therefore be cognizant <strong>of</strong><br />

the legal position when answering questions<br />

and should avoid conduct that might bring<br />

them within the exceptional circumstances<br />

described by the approaches discussed.<br />

An effective precaution that auditors<br />

may take to minimize the risk <strong>of</strong> a duty<br />

<strong>of</strong> care to individual shareholders arising<br />

is for auditors to circulate or read a short<br />

disclaimer prior to answering questions,<br />

to the effect that, notwithstanding any<br />

answers they give or statements they make<br />

at the AGM, they shall not have any liability,<br />

responsibility or duty <strong>of</strong> care towards<br />

individual shareholders or third parties.<br />

This is likely to be sufficient to put<br />

the auditors outside the exceptional<br />

circumstances described by the legal<br />

approaches.<br />

Nathan P.W. Dentice is a partner and Veronica Siwang<br />

To is an associate solicitor in the <strong>Hong</strong> <strong>Kong</strong> <strong>of</strong>fice <strong>of</strong> Reed<br />

Smith Richards Butler, an international law firm. This article<br />

is intended for general information purposes and <strong>do</strong>es not<br />

constitute specific legal advice. Reed Smith Richards Butler<br />

shall not have any legal liability in respect <strong>of</strong> the matters<br />

discussed. Where auditors have questions in relation to their<br />

legal duties, it is recommended they seek specific legal advice.<br />

June 2012 45


115<br />

TechWatch<br />

<strong>The</strong> latest standards and<br />

technical developments<br />

Members’ handbook<br />

Handbook updates<br />

Update no. 114 relates to the issuance<br />

<strong>of</strong> amendments to HKFRS 1 First-time<br />

A<strong>do</strong>ption <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong> Financial<br />

Reporting Standards – Government Loans.<br />

<strong>The</strong> amendments add an exception to<br />

the retrospective application <strong>of</strong> HKFRSs<br />

to require that first-time a<strong>do</strong>pters apply<br />

the requirements in HKFRS 9 Financial<br />

Instruments and HKAS 20 Accounting<br />

for Government Grants and Disclosure<br />

<strong>of</strong> Government Assistance prospectively<br />

to government loans existing at the date<br />

<strong>of</strong> transition to HKFRSs. This means that<br />

first-time a<strong>do</strong>pters shall not recognize the<br />

corresponding benefit <strong>of</strong> the government<br />

loan at a below-market rate <strong>of</strong> interest<br />

as a government grant. However, entities<br />

may choose to apply the requirements <strong>of</strong><br />

HKFRS 9 and HKAS 20 to government loans<br />

retrospectively if the information needed<br />

to <strong>do</strong> so had been obtained at the time <strong>of</strong><br />

initially accounting for that loan. <strong>The</strong>se<br />

amendments give first-time a<strong>do</strong>pters the<br />

same relief as existing preparers <strong>of</strong> HKFRS<br />

financial statements. Entities are required to<br />

apply these amendments for annual periods<br />

beginning on or after 1 January 2013. Earlier<br />

application is permitted.<br />

Update no. 115 relates to the changes to<br />

Statement 1.500 Continuing Pr<strong>of</strong>essional<br />

Development to reflect (1) the mutual<br />

recognition agreement between the<br />

institutes <strong>of</strong> CPAs in <strong>Hong</strong> <strong>Kong</strong> and the<br />

United States and its recognition <strong>of</strong> each<br />

other’s CPD requirements for maintaining<br />

the CPA designation <strong>of</strong> the other body; and<br />

(2) the resultant change <strong>of</strong> CPD recognition<br />

away from membership <strong>of</strong> the Ameri<strong>can</strong><br />

<strong>Institute</strong> <strong>of</strong> <strong>Certified</strong> <strong>Public</strong> <strong>Accountants</strong>.<br />

<strong>The</strong> agreement <strong>do</strong>es not have retrospective<br />

46 June 2012<br />

effect and the mutual CPD recognition is<br />

effective from the CPD reporting period<br />

beginning on 1 December 2011 for holders<br />

<strong>of</strong> an active licence issued by a U.S. state<br />

board <strong>of</strong> accountancy who are not practising<br />

certificate holders. AICPA members <strong>can</strong>not<br />

opt for recognition <strong>of</strong> AICPA’s CPD by the<br />

<strong>Institute</strong> from 1 December 2011.<br />

Update no. 116 contains amendments<br />

to the standards, basis for conclusions<br />

and implementation guidance which were<br />

previously set out in the appendix to the<br />

standards as they were not yet effective. <strong>The</strong><br />

<strong>Institute</strong> has incorporated the amendments<br />

applicable on 1 January 2012 in the affected<br />

standards, basis for conclusions and<br />

implementation guidance, for greater clarity.<br />

Financial reporting<br />

<strong>Institute</strong> comments on HKEx<br />

consultation paper<br />

<strong>The</strong> <strong>Institute</strong> made a submission to <strong>Hong</strong><br />

<strong>Kong</strong> Exchanges and Clearing’s consultation<br />

paper on the environmental, social and<br />

governance reporting guide. This recognizes<br />

the increasing importance <strong>of</strong> these issues to<br />

company valuations and <strong>of</strong> the development<br />

and implementation <strong>of</strong> areas <strong>of</strong> corporate<br />

reporting on these issues that is occurring<br />

globally.<br />

<strong>Hong</strong> <strong>Kong</strong> will benefit from the<br />

introduction <strong>of</strong> a consistent approach to<br />

environmental, social and governance<br />

reporting which is practical for low-cap<br />

companies. <strong>The</strong> stock exchange proposals<br />

provide a welcome starting point. <strong>The</strong>re<br />

are, however, a few areas that the <strong>Institute</strong><br />

believes need to be further considered in<br />

formulating final guidance.<br />

<strong>The</strong> guide is mainly a list <strong>of</strong> key<br />

performance indicators. <strong>The</strong>re is risk that<br />

this will lead to a “tick box” response<br />

where companies provide data without<br />

identifying their key environmental, social<br />

and governance issues.<br />

In preparing its environmental, social<br />

and governance guide the stock exchange<br />

has taken items from different international<br />

standards and the mixture <strong>of</strong> standards<br />

adds complexity and inconsistency.<br />

<strong>The</strong> <strong>Institute</strong> would encourage the stock<br />

exchange to make its environmental, social<br />

and governance guide a subset <strong>of</strong> the Global<br />

Reporting Initiative’s framework for two<br />

reasons: it is the only one <strong>of</strong> the international<br />

standards quoted by the stock exchange<br />

which provides a comprehensive set <strong>of</strong> key<br />

performance indicator definitions, and it<br />

has become the de facto global standard<br />

for environmental, social and governance<br />

reporting with many more companies<br />

following it than any other system.<br />

If the stock exchange’s reporting<br />

guideline is a subset <strong>of</strong> the Global Reporting<br />

Initiative then it is easier for companies<br />

using it to graduate to reporting to a Global<br />

Reporting Initiative application level<br />

and thus gain greater credibility for their<br />

reporting.<br />

<strong>The</strong> stock exchange leaves it for companies<br />

to define each key performance indicator<br />

rather than providing supporting information.<br />

This makes the environmental, social and<br />

governance guide more difficult to implement<br />

than a<strong>do</strong>pting a subset <strong>of</strong> Global Reporting<br />

Initiative where such guidance is provided.<br />

<strong>The</strong> stock exchange should apply its<br />

successful approach to internal control and<br />

risk management to environmental, social<br />

and governance reporting. It should ask for<br />

statements in annual reports that “the board<br />

considers the company’s most signifi<strong>can</strong>t<br />

environmental, social and governance issues<br />

to be [ ].” <strong>The</strong> statement should explain the<br />

process the board followed to arrive at this


conclusion and discuss the action that is<br />

being taken on the issues.<br />

<strong>The</strong> stock exchange <strong>do</strong>es not recommend<br />

companies to seek independent assurance<br />

on the environmental, social and governance<br />

information they report given the cost <strong>of</strong><br />

such assurance and the absence <strong>of</strong> other<br />

stock exchanges encouraging assurance. It is<br />

difficult to see why independent assurance<br />

should not be a best practice.<br />

Audit and assurance<br />

AATB2 Guidance to the Auditor when<br />

Responding to Questions at an AGM<br />

As reported in the May issue <strong>of</strong> TechWatch<br />

on the Auditing and Assurance Technical<br />

Bulletin 2 guidance to auditors on responding<br />

to questions at an annual general meeting<br />

<strong>of</strong> a company listed on the <strong>Hong</strong> <strong>Kong</strong> stock<br />

exchange, it should be further noted that<br />

in general, the auditor <strong>do</strong>es not owe a duty<br />

<strong>of</strong> care to individual shareholders or third<br />

parties when carrying out the audit work<br />

save in exceptional circumstances (for<br />

example, where damage is foreseeable and<br />

there is a special relationship <strong>of</strong> proximity<br />

between the auditor and the individual<br />

shareholder or third party such that it is<br />

fair, just and reasonable for the law to<br />

impose a duty <strong>of</strong> care; or where the auditor<br />

has voluntarily assumed responsibility to<br />

the individual shareholder or third party<br />

concerned).<br />

If the auditor believes such exceptional<br />

circumstances will arise, the auditor<br />

should be cautious in answering questions<br />

raised at AGMs and seek legal advice<br />

when in <strong>do</strong>ubt. <strong>The</strong> auditor may consider<br />

reading or circulating a short disclaimer<br />

before answering questions to the effect<br />

that, notwithstanding any answers he or<br />

she gives or statements he or she makes,<br />

the auditor shall not have any liability,<br />

responsibility or duty <strong>of</strong> care towards any<br />

individual shareholders or third parties.<br />

Pr<strong>of</strong>essional accountants<br />

in business<br />

Comments to the Committee <strong>of</strong><br />

Sponsoring Organizations <strong>of</strong> the<br />

Treadway Commission<br />

<strong>The</strong> pr<strong>of</strong>essional accountants in business<br />

committee <strong>of</strong> the International Federation <strong>of</strong><br />

<strong>Accountants</strong> submitted a comment letter to<br />

the Committee <strong>of</strong> Sponsoring Organizations<br />

<strong>of</strong> the Treadway Commission in the United<br />

States, which suggests broadening the<br />

scope <strong>of</strong> the framework and the definition<br />

<strong>of</strong> internal control as well as including a<br />

strategic objective and an objective setting<br />

component.<br />

Proposed changes to the code <strong>of</strong> ethics<br />

<strong>The</strong> International Federation <strong>of</strong><br />

<strong>Accountants</strong>’ pr<strong>of</strong>essional accountants<br />

in business committee provided the<br />

International Ethics Standards Board for<br />

<strong>Accountants</strong> with its comment on the Code<br />

<strong>of</strong> Ethics, including expansion <strong>of</strong> some <strong>of</strong><br />

the definitions and parameters to better<br />

cover the work and <strong>do</strong>main <strong>of</strong> pr<strong>of</strong>essional<br />

accountants in business. It also suggested<br />

how pr<strong>of</strong>essional accountants in business<br />

<strong>can</strong> further an ethics-based culture in<br />

their organizations, including developing<br />

a code <strong>of</strong> conduct in line with the relevant<br />

provisions with the code.<br />

Corporate finance<br />

<strong>Hong</strong> <strong>Kong</strong> stock exchange’s plans for<br />

renminbi futures<br />

<strong>Hong</strong> <strong>Kong</strong> Exchanges and Clearing has<br />

recently announced plans to introduce<br />

renminbi currency futures in the third<br />

quarter <strong>of</strong> 2012, subject to regulatory<br />

approval and market readiness. <strong>The</strong> aim<br />

is to provide a way for investors to hedge<br />

renminbi exposures. <strong>The</strong> futures contract<br />

requires delivery <strong>of</strong> U.S. <strong>do</strong>llars by the seller<br />

and payment <strong>of</strong> the final settlement value in<br />

renminbi by the buyer at maturity.<br />

Legislation<br />

A PLUS<br />

Legislation on price sensitive information<br />

disclosure passed<br />

After extensive deliberation by the Bills<br />

Committee, the Securities and Futures<br />

(Amendment) Bill 2011, which was<br />

introduced to the Legislative Council in<br />

mid-2011 to give statutory backing to<br />

price-sensitive information disclosure<br />

requirements, was passed on 25 April.<br />

<strong>The</strong> <strong>Institute</strong> issued two submissions<br />

on the bill. See TechWatch no. 109 (item<br />

20) and no. 111 (item 20), respectively, for<br />

further details. It is noted that a number<br />

<strong>of</strong> the <strong>Institute</strong>’s recommendations, in<br />

terms <strong>of</strong> clearer guidance on dealing<br />

with media reports, market rumours and<br />

analysts reports, the interpretation <strong>of</strong> what<br />

constitutes “material” or “signifi<strong>can</strong>t,” the<br />

scope <strong>of</strong> “<strong>of</strong>ficer” and <strong>of</strong>ficers’ liabilities, will<br />

be addressed in the SFC guidelines on the<br />

application <strong>of</strong> the legislation.<br />

Please refer to the full version <strong>of</strong> TechWatch 115,<br />

available as a PDF on the <strong>Institute</strong>’s website:<br />

www.hkicpa.org.hk<br />

June 2012 47


Tech Q&A<br />

<strong>The</strong> <strong>Institute</strong> has issued Ethics Circular 1 Guidance for Small and Medium<br />

Practitioners on the Code <strong>of</strong> Ethics for Pr<strong>of</strong>essional <strong>Accountants</strong>, in December<br />

2011, which contains guidance on determining public interest entities. Could you<br />

provide details <strong>of</strong> that guidance?<br />

Ethics Circular 1 was issued by the<br />

<strong>Institute</strong> to provide guidance to<br />

assist small- and medium-sized<br />

practitioners on a<strong>do</strong>pting the Code <strong>of</strong><br />

Ethics for Pr<strong>of</strong>essional <strong>Accountants</strong> on the<br />

following areas <strong>of</strong> nonassurance services<br />

and other topical issues without modifying<br />

the requirements as set out in the code:<br />

• Determination <strong>of</strong> public interest entities;<br />

• Provision <strong>of</strong> company secretarial services<br />

to audit clients;<br />

• Provision <strong>of</strong> accounting services,<br />

preparing accounting records and<br />

financial statements for audit clients; and<br />

• Provision <strong>of</strong> taxation services for audit<br />

clients.<br />

Ethics Circular 1 <strong>do</strong>es not constitute an<br />

ethics standard in itself.<br />

<strong>Public</strong> interest entities, for the purpose<br />

<strong>of</strong> auditor independence, is defined in<br />

paragraph 290.25 <strong>of</strong> the code to include:<br />

• all listed entities; and<br />

• any entity (a) defined by regulation or<br />

legislation as a public interest entity<br />

or (b) for which the audit is required<br />

by regulation or legislation to be<br />

conducted in compliance with the same<br />

independence requirements that apply<br />

to the audit <strong>of</strong> listed entities. Any relevant<br />

regulator, including an audit regulator,<br />

48 June 2012<br />

may promulgate such a regulation.<br />

Paragraph 290.26 <strong>of</strong> the code further<br />

requires the firms to determine whether to<br />

treat additional entities, or certain categories<br />

<strong>of</strong> entities, as public interest entities because<br />

they have a large number and wide range<br />

<strong>of</strong> stakeholders. Factors to be considered<br />

include:<br />

• the nature <strong>of</strong> the business, such as the<br />

holding <strong>of</strong> assets in a fiduciary capacity<br />

for a large number <strong>of</strong> stakeholders.<br />

Examples may include financial<br />

institutions, such as banks and insurance<br />

companies, and pension funds;<br />

• size; and<br />

• number <strong>of</strong> employees.<br />

It is also stated in footnote 1b <strong>of</strong> the code<br />

that under <strong>Hong</strong> <strong>Kong</strong> legislation, there is<br />

no definition <strong>of</strong> public interest entities or<br />

requirement for the audit <strong>of</strong> an entity to be<br />

conducted with the same independence<br />

requirements applicable to the audit <strong>of</strong> listed<br />

entities. <strong>The</strong>refore auditors have to review<br />

their own client base and determine whether<br />

any clients, other than listed entities, should<br />

be treated as public interest entities.<br />

Some practitioners have expressed<br />

their concerns on the practical application<br />

<strong>of</strong> paragraph 290.26 <strong>of</strong> the code. While<br />

there are some broad guiding principles<br />

within paragraph 290.26, there are<br />

no mandated criteria for identifying<br />

public interest entities. It is possible for<br />

different practitioners to make different<br />

determinations based on different facts and<br />

circumstances. However, it is important for<br />

practitioners to <strong>do</strong>cument and to be able to<br />

explain the thought process that they have<br />

gone through and judgments involved in<br />

considering whether any <strong>of</strong> their clients are<br />

public interest entities.<br />

Ethics Circular 1 clarifies the following


common concerns in determining public<br />

interest entities:<br />

Nonlisted companies<br />

A nonlisted company is not a public interest<br />

entity unless the firm considers it to be one<br />

based on pr<strong>of</strong>essional judgment in accordance<br />

with paragraph 290.26 <strong>of</strong> the code.<br />

Securities firms<br />

Neither the code nor <strong>Hong</strong> <strong>Kong</strong> legislation<br />

contains a requirement to include securities<br />

firms to be public interest entities. <strong>The</strong>refore,<br />

a securities firm is not a public interest entity<br />

unless the firm considers it to be a one based<br />

on pr<strong>of</strong>essional judgment in accordance with<br />

paragraph 290.26 <strong>of</strong> the code.<br />

Subsidiary <strong>of</strong> a listed entity<br />

Paragraph 290.25(b) <strong>of</strong> the code <strong>do</strong>es<br />

not contain an explicit requirement for<br />

a subsidiary <strong>of</strong> a listed entity to itself be<br />

regarded as a public interest entity. Auditors<br />

should therefore exercise their pr<strong>of</strong>essional<br />

judgment in considering whether to treat<br />

subsidiaries <strong>of</strong> listed companies as public<br />

interest entities as they would <strong>do</strong> with any <strong>of</strong><br />

their clients under paragraph 290.26 <strong>of</strong> the<br />

code. If a subsidiary <strong>of</strong> a listed entity is not<br />

a public interest entity, the requirements in<br />

the code relating to public interest entities<br />

(including the mandatory key audit partner<br />

rotation requirement under paragraphs<br />

290.151-155) are not applicable to the auditor<br />

in relation to the audit <strong>of</strong> that subsidiary,<br />

subject to any specific requirements<br />

imposed by the group or group auditor.<br />

<strong>The</strong> group auditor would <strong>of</strong> course need to<br />

observe the requirements specific to public<br />

interest entities for the purpose <strong>of</strong> auditing<br />

the group’s consolidated financial statements<br />

and may impose specific requirements on<br />

the auditors <strong>of</strong> individual subsidiaries for the<br />

purpose <strong>of</strong> compliance with the code.<br />

Establishing in-house criteria to determine<br />

public interest entities<br />

Paragraph 290.26 <strong>of</strong> the code requires<br />

the firm to determine whether to treat<br />

additional entities, or categories <strong>of</strong> entities,<br />

as public interest entities on the basis that<br />

they have a large number and wide range<br />

<strong>of</strong> stakeholders. While each case should<br />

be considered based on its own merits,<br />

practice units should consider establishing<br />

appropriate in-house criteria in order to<br />

ensure consistency in determining public<br />

interest entities under paragraph 290.26 <strong>of</strong><br />

the code.<br />

Send your questions and comments to<br />

commentletters@hkicpa.org.hk. <strong>The</strong> standard setting<br />

team will answer these questions in accordance<br />

with its policy, posted on the <strong>Institute</strong>'s website.<br />

June 2012 49


Events<br />

Your guide to courses, workshops and member activities<br />

Auditing and assurance<br />

How to <strong>do</strong> an even better job on<br />

auditing through a closer look<br />

at the implementation <strong>of</strong> HKSAs<br />

is a technical update evening that discusses<br />

standards that have particular application<br />

issues.<br />

CPD hours: 1.5<br />

Languages: Cantonese and English<br />

Date: 5 June<br />

Time: 7:00 - 8:30 p.m.<br />

Business finance<br />

Corporate liquidity and bank<br />

lending after Basel III takes a look<br />

at how the new regulation, which will be<br />

fully implemented between 2013 and 2018,<br />

might discourage commercial banks from<br />

providing corporate loans. <strong>The</strong> seminar<br />

will discuss corporate funding and liquidity,<br />

and the role <strong>of</strong> CPA firms in the credit rating<br />

process.<br />

CPD hours: 1.5<br />

Language: English<br />

Date: 6 June<br />

Time: 6:30 - 8:00 p.m.<br />

Understanding bank facility<br />

letters and term sheets will<br />

introduce basic credit terms, amendments<br />

and waivers, representations and warranties<br />

and covenants.<br />

CPD hours: 3.5<br />

Language: Cantonese<br />

Date: 9 June<br />

Time: 9:30 a.m. - 1:00 p.m.<br />

Financial accounting<br />

and reporting<br />

Financial reporting seminar on<br />

business valuation looks at valuing<br />

an asset and purchase price allocation in<br />

relation to HKFRS 3.<br />

54 June 2012<br />

CPD hours: 1.5<br />

Language: English<br />

Date: 7 June<br />

Time: 7:00 - 8:30 p.m.<br />

Quality assurance forum –<br />

upholding the quality and<br />

reputation <strong>of</strong> the audit<br />

pr<strong>of</strong>ession in <strong>Hong</strong> <strong>Kong</strong> explains<br />

the objectives and outcomes <strong>of</strong> the <strong>Institute</strong>’s<br />

practice review and pr<strong>of</strong>essional standards<br />

monitoring programmes, and practical ways<br />

in which practitioners and audit staff <strong>can</strong><br />

address review findings.<br />

CPD hours: 1.5<br />

Language: English<br />

Date: 12 June<br />

Time: 6:30 - 8:00 p.m.<br />

Management accounting<br />

Behavioural framework for<br />

investment decisions looks at<br />

finance theories that are based on the<br />

assumption that investors are rational decision<br />

makers and explores how psychological<br />

factors and misconceptions <strong>of</strong> risk and return<br />

weigh on investment decisions.<br />

CPD hours: 3<br />

Language: English<br />

Date: 11 June<br />

Time: 6:30 - 9:30 p.m.<br />

Personal and<br />

interpersonal skills<br />

How to understand and<br />

resolve conflicts will help<br />

participants prioritize the disagreements<br />

they encounter at work and develop<br />

resolution skills.<br />

CPD hours: 3<br />

Language: English<br />

Date: 6 June<br />

Time: 6:30 – 9:30 p.m.<br />

Wellbeing and stress<br />

management in the workplace<br />

is split into two parts. <strong>The</strong> information<br />

seminar provides information about stress,<br />

its effect on performance and how it <strong>can</strong> be<br />

managed. <strong>The</strong> interactive workshop helps<br />

members identify the causes <strong>of</strong> stress at<br />

work and at home and introduces group<br />

exercises that identify practical responses.<br />

Information seminar<br />

CPD hour: 1<br />

Language: English<br />

Date: 8 June<br />

Time: 7:00 - 8:00 p.m.<br />

Interactive workshop<br />

CPD hours: 3<br />

Language: Cantonese<br />

Dates: 16, 20 June<br />

Times: 9:30 a.m. - 12:30 p.m. (16 June),<br />

6:30 - 9:30 p.m. (20 June)<br />

Write, publish and market your<br />

books worldwide will explain to<br />

members how to discover their inner author.<br />

Topics covered include spotting a niche,<br />

finding the courage and inspiration to keep<br />

going and negotiating a publishing contract.<br />

<strong>The</strong> speaker is an author <strong>of</strong> three books<br />

successfully published worldwide.<br />

CPD hours: 3<br />

Language: English<br />

Date: 20 June<br />

Time: 6:30 - 9:30 p.m.<br />

Visit the <strong>Institute</strong>’s website for other programmes and<br />

to enrol and pay online: www.hkicpa.org.hk


Buzzing Bangkok<br />

<strong>The</strong> Chao Phraya has been described<br />

as Asia’s most underappreciated<br />

river. Once virtually<br />

inaccessible behind warehouses,<br />

military bases and royal residences, it has<br />

been opened up more to the average Bangkok<br />

resident.<br />

Hotels, spas and restaurants are springing<br />

up along both banks to create a lively riverside<br />

ambience. With a variety <strong>of</strong> traffic – from<br />

overloaded lighters and busy tugs to party<br />

56 June 2012<br />

Business travel<br />

Thailand’s capital is famed for spicy cuisine and spicier<br />

nightlife, but as <strong>Institute</strong> member and CFO <strong>of</strong> Travelzoo Asia<br />

Pacific Honnus Cheung explains, it has a rich cultural heritage<br />

boats and the king’s barge fleet – the Chao<br />

Phraya is cementing its position as Bangkok’s<br />

most vibrant artery.<br />

One stretch has been opened to foot traffic<br />

with a concrete walkway that passes by the<br />

Pak Khlong flower market, an ancient Chinese<br />

temple and the 1913 Santa Cruz church.<br />

For as little as 8 baht – about HK$2 – Bangkok’s<br />

water taxis speed up and <strong>do</strong>wn the rushing<br />

river. Well signposted and reliable, they’re<br />

one <strong>of</strong> the great value tourist jaunts <strong>of</strong> Asia.<br />

<strong>The</strong> Khlong Saen Saep public taxi takes in the<br />

Wat Saket temple and the Golden Mount, a giant<br />

temple on an artificial hill overlooking the<br />

old city.<br />

Away from the Chao Phraya’s fast moving<br />

waters, Bangkok remains one <strong>of</strong> the most exciting<br />

destinations in Asia. Once thought <strong>of</strong><br />

as little more than a destination for spicy food<br />

and steamy sex, Bangkok has transformed itself<br />

over the past 10 years to become a proud<br />

sponsor <strong>of</strong> arts and crafts.


Previous page: Ven<strong>do</strong>rs at the Amphawa floating market<br />

This page (from top): <strong>The</strong> Grand Palace and Wat Phra<br />

Kaew; a water taxi on the Chao Phraya; hotels on the east<br />

bank <strong>of</strong> the river; a woman cooks at a street noodle stall<br />

PHOTO: GEORGE W. RUSSELL PHOTO: GEORGE W. RUSSELL<br />

PHOTO: GEORGE W. RUSSELL<br />

Royal patronage has helped with developments<br />

such as the Arts <strong>of</strong> the King<strong>do</strong>m exhibition <strong>of</strong> royal<br />

treasures in the European-style Ananta Samakhom<br />

Throne Hall, which is part <strong>of</strong> a project to preserve<br />

the work <strong>of</strong> traditional Thai artisans.<br />

Bangkok has also undergone a partial modernization<br />

<strong>of</strong> its transport infrastructure with the construction<br />

<strong>of</strong> the Skytrain aboveground rail link to<br />

add to its modest but efficient underground system.<br />

Bangkok’s modern commercial core is the area<br />

around Siam Square, centred on its Skytrain station.<br />

Its main thoroughfares – at least for the casual<br />

visitor – include Sukhumvit Road, which is lined<br />

with hotels, restaurants, pubs and nightclubs.<br />

Sukhumvit is studded with soi – alleys branching<br />

<strong>of</strong>f the main road – that include some <strong>of</strong> the<br />

raunchier areas, such as Soi Cowboy and Nana. Silom<br />

Road is a financial centre by day but includes<br />

the racy Patpong bar area that comes alive after<br />

sunset. Nearby Sathorn Road is best known as the<br />

diplomatic enclave but also includes a range <strong>of</strong> new<br />

hotels and spas.<br />

Between the river and the central core lies Rattanakosin<br />

Island, the old city and site <strong>of</strong> the Grand<br />

Palace complex, which includes Vimanmek Palace,<br />

Wat Phra Kaew (home <strong>of</strong> the 15th century Emerald<br />

Buddha) and other major temples. To its north is the<br />

backpacker district <strong>of</strong> Khao San Road.<br />

Of course, Bangkok is a popular shopping destination.<br />

Major malls include Central World Plaza,<br />

Siam Discovery Centre and Gaysorn Plaza for<br />

brand names in fashion, computer accessories and<br />

souvenirs. <strong>The</strong> annual Amazing Thailand Grand<br />

Sale, which kicks <strong>of</strong>f this year on 15 June, <strong>of</strong>fers discounts<br />

across the city’s stores.<br />

Meanwhile, the historic Jim Thompson’s House<br />

celebrates the life <strong>of</strong> the Ameri<strong>can</strong> art collector and<br />

silk entrepreneur and features an array <strong>of</strong> clothing<br />

and accessories for sale.<br />

For more traditional shopping, try the Chatuchak<br />

weekend market for food, clothing, antiques and<br />

homewares or floating markets such as touristy<br />

Damnoen Saduak or less well-known Amphawa.<br />

Despite the emergence <strong>of</strong> celebrity chefs, haute<br />

cuisine and Thai fusion food, Bangkok is still<br />

crowded with tasty street stalls selling an endless<br />

range <strong>of</strong> local delicacies. Ven<strong>do</strong>rs <strong>of</strong>fer an array <strong>of</strong><br />

noodles (including paad thai, almost the national<br />

dish), omelettes, meatballs, seafood, vegetables<br />

and red and green Thai curries. <strong>The</strong>re are also signifi<strong>can</strong>t<br />

pockets <strong>of</strong> South Asian, Afri<strong>can</strong> and Middle<br />

Eastern food, thanks to the attraction <strong>of</strong> Bangkok to<br />

traders and business people the world over.<br />

Where to eat<br />

• Baan Khanitha Traditional Thai dishes<br />

amid art and handicrafts. 36/1 Soi<br />

Sukhumvit 23 (Soi Prasarnmit), Klong<br />

Toey Nuea, Wattana. 2258 4181.<br />

• Patara Gems <strong>of</strong> Thai cuisine hidden<br />

behind a main street – book ahead. 375<br />

Soi Thonglor 19 Sukhumvit 55, Klong<br />

Tan Nuea, Wattana. 2185-2960.<br />

• Secret Garden Thai fusion with c<strong>of</strong>fee<br />

shop and English tearoom. 17/1 South<br />

Sathorn Road, Sathorn. 2286-2464.<br />

• Sirocco Mediterranean fare, billed as<br />

world’s highest al fresco restaurant.<br />

63/F Lebua at State Tower, Silom Road,<br />

Bangrak. 2624-9999.<br />

• Thang Long Vietnamese cuisine. 82/5<br />

Soi Langsuan, Ploenchit, Patumwan.<br />

2251-3504.<br />

• <strong>The</strong> Local by Oamthong Fine Thai<br />

food. 32 Soi Sukhumvit 23, Klong Toey<br />

Nuea, Wattana. 2664 0664.<br />

Where to stay<br />

• Anantara Bangkok Sathorn Urban<br />

sanctuary. 36 Narathiwat-Ratchanakarin<br />

Road, Sathorn. 2210-9000.<br />

• Arun Residence Historic Art Nouveau<br />

boutique hotel. 36-38 Soi Pratoo Nok<br />

Yoong, Maharat Road, Rattanakosin<br />

Island. 2221-9158.<br />

• Banyan Tree Bangkok Attentive service<br />

amid luxury. 21/100 South Sathorn<br />

Road, Sathorn. 2679-1200.<br />

• Lebua at State Tower Opulence within<br />

a skyscraper. Lebua at State Tower,<br />

Silom Road, Bangrak. 2624-9999.<br />

What to see<br />

• Damnoen Saduak Metropolitan<br />

Bangkok’s biggest and most popular<br />

floating market. Damnoen Saduak,<br />

Ratchaburi province.<br />

• Grand Palace Historic royal complex.<br />

Na Phralan Road, Rattanakosin Island.<br />

2224-3328.<br />

• Health Land Popular massage spot –<br />

great value. 70/21 Moo 2, Sirnakarin<br />

Road, Nongbon, Phawat. 2748-8135.<br />

• Longtail boats Explore the atmospheric<br />

klong (<strong>can</strong>als) on a traditional vessel.<br />

Tha Chang Pier (near Grand Palace) or<br />

Na Phralan Road.<br />

June 2012 57


Stored value<br />

Keeping wine under ideal<br />

conditions is a challenge,<br />

warns Aloysius Tse<br />

Wine, like any organic substance,<br />

changes with time. Unlike fresh<br />

food items from the market, it<br />

<strong>do</strong>es not deteriorate with time but improves<br />

with age. With its increasing popularity, more<br />

emphasis has now been placed on how to store<br />

wine to bring out the most desirable qualities<br />

from bottle maturation.<br />

Most wine made today is ready to drink<br />

within 12 months or less <strong>of</strong> being bottled.<br />

Most inexpensive wines – especially the less<br />

complex whites and rosés and most light-bodied,<br />

low-tannin reds such as Beaujolais and<br />

simple Pinot Noirs – are at their best when<br />

young. <strong>The</strong>se are consumed early for their<br />

freshness and fruitiness.<br />

Most <strong>of</strong> the great whites and almost all<br />

the best reds require ageing. If consumed too<br />

young, they tend to be acidic, astringent and<br />

unpleasant. Adequate storage time will help<br />

develop the complex interaction between<br />

the primary grape aromas and the secondary<br />

flavours from fermentation and oak barrel<br />

ageing. This complex flavour is <strong>of</strong>ten<br />

described as the “bouquet” <strong>of</strong> a wine.<br />

Wine <strong>can</strong> only be stored if there is an effective<br />

and appropriate stopper. A closure must<br />

protect the wine from harmful elements until it<br />

is consumed. <strong>The</strong>re are three types <strong>of</strong> stoppers:<br />

• <strong>The</strong>traditionalcorkwhich,whenincontact<br />

with chlorine and mould, will develop the<br />

unpleasant damp cardboard-like mustiness<br />

caused by a chemical called 2,4,6-tricholoroanisole.<br />

It has been the experience<br />

<strong>of</strong> winemakers that 5 to 8 percent <strong>of</strong> wine<br />

will develop this unpleasant taste, commonly<br />

referred to as “corked” wine.<br />

• Synthetic corks, usually made from plastic,<br />

have become popular, particularly with<br />

winemakers in the New World. However,<br />

58 June 2012<br />

After hours<br />

Wine should be stored to<br />

protect it from temperature<br />

and humidity extremes and<br />

variations.<br />

synthetic corks are unsuitable for longer<br />

periods <strong>of</strong> storage as they <strong>of</strong>fer insufficient<br />

protection against oxygen. (Wines tend to<br />

oxidize rapidly.)<br />

• <strong>The</strong> cap screw is used by producers in Australia<br />

and New Zealand. Cap screws are<br />

most common for aromatic wines such as<br />

Riesling and Sauvignon Blanc or simple<br />

fruity reds such as Shiraz and Pinot Noir.<br />

Whether cap screws are suitable for fullbodied<br />

reds is still being debated and it<br />

is unlikely that we will know the answer<br />

for decades. While cap screws help to get<br />

around the problem <strong>of</strong> cork taints, they<br />

deprive wine lovers <strong>of</strong> the pleasure <strong>of</strong><br />

smelling the cork after it’s been pulled.<br />

<strong>The</strong>re is nothing mysterious or difficult<br />

about storing wine. Wine is relatively sensitive<br />

to storage conditions, and it is one <strong>of</strong> the<br />

very few products that <strong>can</strong> improve with age.<br />

Once the wine is firmly stoppered in a bottle,<br />

it should be protected from any contact with<br />

oxygen, the culprit responsible for the majority<br />

<strong>of</strong> mould. <strong>The</strong> cork should also not be<br />

allowed to dry out and shrink to let in oxygen.<br />

Given high property prices in <strong>Hong</strong> <strong>Kong</strong>,<br />

few people <strong>can</strong> afford to have a wine cellar at<br />

home, so it has become quite common to have<br />

wine stored by pr<strong>of</strong>essionals able to monitor<br />

your stock and advise you when to consume<br />

each bottle. <strong>The</strong> main challenge is to find<br />

a wine merchant who is reliable and who<br />

charges reasonable fees.<br />

Wine collectors who <strong>do</strong> not want to pay for<br />

pr<strong>of</strong>essional storage have to improvize. Some<br />

may want to store their wine in temperature<br />

and humidity controlled wine coolers that<br />

are available in various shapes and sizes. For<br />

someone who has sufficient space at home,<br />

building a cellar from scratch, either by excavating<br />

a new basement or heavily insulating<br />

an existing room, is an expensive alternative.<br />

Wine deteriorates rapidly if kept too hot or<br />

exposed to strong sunlight, while wild temperature<br />

fluctuations <strong>can</strong> damage the stopper.<br />

<strong>The</strong>refore, it is important that the bottle<br />

be kept away from strong direct light and<br />

temperatures exceeding 25 degrees Celsius.<br />

For long term storage, the temperature for all<br />

wines should be cool and consistent, preferably<br />

between 10 and 15 degrees Celsius, as<br />

extremes <strong>of</strong> cold and heat <strong>can</strong> cause damage.<br />

Some degree <strong>of</strong> humidity is preferable to<br />

keep the cork moist and oxygen out. If wine<br />

is stored in too dry an atmosphere for a prolonged<br />

period <strong>of</strong> time, the cork <strong>can</strong> dry out and<br />

will no longer be an effective seal. Although<br />

damp storage conditions <strong>can</strong> be good for the<br />

condition <strong>of</strong> the wine, they <strong>can</strong> cause serious<br />

damage to the labels.<br />

Bottles are best kept lying horizontally in<br />

a wine rack. This enables easy extraction and<br />

identification. Lastly, a maturing wine should<br />

be kept in a stable condition. It is essential that<br />

ageing time should be spent unagitated and<br />

undisturbed.<br />

Aloysius Tse is chairman <strong>of</strong> Bacchus Fine<br />

Wines (Asia) Limited and a past president <strong>of</strong><br />

the <strong>Hong</strong> <strong>Kong</strong> <strong>Institute</strong> <strong>of</strong> CPAs.


<strong>The</strong> German alternative<br />

Reno Ong looks beyond<br />

the Swiss frontier to find<br />

watchmaking excellence<br />

By itself, the Tus<strong>can</strong><br />

region <strong>of</strong><br />

Italy allegedly<br />

has more examples <strong>of</strong><br />

Renaissance art than<br />

the whole <strong>of</strong> Spain,<br />

and certainly more than<br />

other countries. In fact,<br />

you <strong>can</strong> easily make the<br />

argument that the city <strong>of</strong> Florence<br />

alone embodies humanity’s<br />

artistic prowess.<br />

In the horological world,<br />

watchmaking is to Switzerland<br />

what Renaissance art is<br />

to Italy: irreplaceable, celebrated and iconic.<br />

As for the Swiss equivalent <strong>of</strong> Tus<strong>can</strong>y, various<br />

regions <strong>can</strong> make their claim to that<br />

comparison.<br />

First <strong>of</strong>f there’s Geneva, whose name<br />

has become synonymous with haute horology.<br />

(Literally, too: the Hallmark <strong>of</strong> Geneva,<br />

reserved for movements assembled in the<br />

Swiss <strong>can</strong>ton, is internationally regarded as a<br />

benchmark for excellence.) Home to industry<br />

giants Patek Philippe, Vacheron Constantin<br />

and a host <strong>of</strong> other illustrious names, Geneva<br />

has a manufacturing tradition that’s best<br />

manifest by a museum Patek opened in 2001.<br />

Affectionately called a “temple to watchmaking,”<br />

the Patek Philippe Museum houses a<br />

comprehensive array <strong>of</strong> rare timepieces tracking<br />

the progress <strong>of</strong> an industry largely intertwined<br />

with that <strong>of</strong> the brand and the region.<br />

Vallée de Joux, in the <strong>can</strong>ton <strong>of</strong> Vaud, is<br />

another <strong>can</strong>didate for the title <strong>of</strong> “Swiss Tus<strong>can</strong>y.”<br />

Nestled in the Jura Mountains, this<br />

scenic area accounts for more than 20 watch<br />

factories, among them Audemars Piguet and<br />

Jaeger-LeCoultre. <strong>The</strong> valley’s watchmak-<br />

<strong>The</strong> A. Lange & Söhne<br />

Datograph Perpetual<br />

ing heritage started as a natural<br />

progression from its iron industry,<br />

once prominent because <strong>of</strong> the<br />

proximity to mountains, and has<br />

since become the region’s core<br />

enterprise.<br />

<strong>The</strong>n there’s the Jura and Three<br />

Lakes, where different historic watchmaking<br />

towns such as La Chaux-de-<br />

Fonds and Le Locle are located. With<br />

a history spanning more than<br />

three centuries, these areas<br />

have depended heavily on tourists<br />

visiting museums and<br />

other sights <strong>of</strong> horological<br />

interest, although boutique<br />

watchmakers have kept the<br />

tradition alive. Also in the<br />

region are cities like Biel/<br />

Bienne, where Omega, the<br />

Swatch Group and Rolex have<br />

a signifi<strong>can</strong>t portion <strong>of</strong> their<br />

operations.<br />

It is, however, important to<br />

realize that the frequent praise<br />

heaped on cities like Geneva distracts<br />

people from appreciating<br />

screwed gold chatons, among other things.<br />

Another interesting feature about A. Lange<br />

watches is that words on them are <strong>of</strong>ten written<br />

in German. In the Datograph series, for<br />

example, you get this linguistic difference<br />

with the month and the day <strong>of</strong> the week. A<br />

minor detail, but a refreshing one for collectors<br />

accustomed to reading French or English<br />

on their watches.<br />

Another manufacturer, Glashütte Original,<br />

was formed out <strong>of</strong> a watchmaking<br />

conglomerate that once included<br />

A. Lange, so the two share a similar<br />

heritage. As such, Glashütte Original<br />

productions have many <strong>of</strong><br />

the technological innovations<br />

present in A. Lange watches,<br />

like the swan-neck fine<br />

adjustment. Aesthetically,<br />

Glashütte Original’s timepieces<br />

also exhibit many <strong>of</strong><br />

the design features found in<br />

the older company’s products.<br />

But when it comes to regional<br />

pride, the Senator Meissen is a<br />

stan<strong>do</strong>ut example from Glashütte<br />

Original. Though it has a simple<br />

centres outside Swiss borders.<br />

Glashütte, the birthplace <strong>of</strong> Ger-<br />

white dial with Roman numerals,<br />

<strong>The</strong> Glashütte Original<br />

Senator Meissen this watch involves a high level<br />

man watchmaking, is one such<br />

<strong>of</strong> craftsmanship, and not just<br />

centre. Though it only has 5,000 or so because <strong>of</strong> its dependable hour-minute cali-<br />

inhabitants, the town boasts a proud tradibre. <strong>The</strong> dial, made <strong>of</strong> porcelain, is meticution.<br />

For one, it is home to A. Lange & Söhne, lously painted and finished by artisans at<br />

a manufacturer with a 165-year history, Meissen, a renowned porcelain company in<br />

which is <strong>of</strong>ten placed at the industry apex. the eastern state <strong>of</strong> Saxony, where Glashütte<br />

Aside from its technical achievements, is located. Two crossed swords in blue, the<br />

A. Lange had a hand in developing many Meissen logo, are marked below the watch<br />

design characteristics that now define hands on the dial, a subtle hallmark <strong>of</strong> an<br />

watches made from the area: the three- outstanding timepiece you <strong>can</strong>’t find anyquarter<br />

Glashütte plate, blued screws and where else – not even Switzerland.<br />

June 2012 59


60 June 2012<br />

Let’s get fiscal<br />

Get your daily <strong>do</strong>se <strong>of</strong> Nury’s humour at www.mrjam.org<br />

More mean than lean<br />

Auditors are spreading financial<br />

efficiency everywhere, including<br />

into company medical schemes,<br />

says Nury Vittachi<br />

NOTICE TO ALL EMPLOYEES.<br />

Many <strong>of</strong> you have noticed that we<br />

have switched to what appears to<br />

be a superficially less impressive health plan.<br />

Let me tell you the background behind this<br />

tough decision.<br />

During these difficult economic times,<br />

our <strong>chief</strong> financial <strong>of</strong>ficer called in his pr<strong>of</strong>essional<br />

friends (“homies”) from his accounting<br />

training days and asked them to <strong>do</strong> a comprehensive<br />

health plan audit. <strong>The</strong>y trimmed<br />

unnecessary costs using a pruning technique<br />

inspired by a movie called Total Carnage 2:<br />

Devastated Planet. <strong>The</strong> result is a slimmed<strong>do</strong>wn<br />

company medical scheme which enables<br />

us to make dramatic cost cuts with zero<br />

forced redundancies.<br />

Now, the management is not entirely stupid,<br />

and has heard the rumours that the new<br />

health plan is designed to cause staff to resign<br />

so that we <strong>can</strong> close the firm without paying<br />

severance fees. We would like to state for the<br />

record that this is entirely false, despite the<br />

fact that it’s so obviously true.<br />

For staff yet to resign, feel free to avail<br />

yourself <strong>of</strong> our revised, post-audit health services<br />

at any time. Notes:<br />

1. <strong>The</strong> stationery cupboard, storing supplies<br />

such as Stanley knives, staplers and<br />

Sellotape, will now be found in the staff medical<br />

clinic. In case <strong>of</strong> dispute, accountants take<br />

precedence.<br />

2. Yes, the clinic’s tongue depressors<br />

have orange stains and taste faintly <strong>of</strong> fruitflavored<br />

ice popsicles. But is this a bad thing?<br />

Everyone likes popsicles.<br />

3. Blocked vein operations and proctology<br />

have been outsourced to a plumbing firm<br />

specializing in easy 24-hour drain clearing.<br />

<strong>The</strong>y promise fast, efficient service and will<br />

even lay old newspapers on the floor to make<br />

sure spillages <strong>do</strong>n’t affect the carpets.<br />

4. All medicines from now on will be free.<br />

You get a choice <strong>of</strong> two prescriptions from the<br />

in-house clinic’s pharmacy: congee for Asian<br />

staff and chicken soup for Western staff.<br />

5. For people who prefer pills, we have<br />

free tablets from a company called Placebo<br />

Manufacturing Co. Ltd. Each comes with a<br />

label you <strong>can</strong> fill in yourself and a Hallmark<br />

card saying: “Believe.”<br />

6. Pregnancy coverage and full-pay maternity<br />

leave is now written into the scheme.<br />

However, the senior management’s new religion<br />

stipulates that it applies only to male<br />

staffers.<br />

7. <strong>The</strong> engineering department will now<br />

carry out dental operations and other surgical<br />

procedures, since these guys like a challenge<br />

and their equipment lies idle most <strong>of</strong> the year.<br />

8. Some staff members have pointed out<br />

that the <strong>do</strong>ctors at the in-house clinic look<br />

similar to staff at the research and development<br />

division we closed last year. Hey, a guy<br />

“ For staff yet to<br />

resign, feel free to<br />

avail yourself <strong>of</strong> our<br />

revised, post-audit<br />

health services at<br />

any time.”<br />

in a white coat is a guy in a white coat, right?<br />

9. As in the best schemes, staff may choose<br />

outside <strong>do</strong>ctors. You <strong>can</strong> select from a list <strong>of</strong><br />

two excellent physicians, conveniently located<br />

in nearby slums, both with realistic-looking<br />

practice certificates.<br />

To sum up, we are satisfied that no company<br />

on the planet has a health plan like ours.<br />

You’ll soon find this to be true. Please <strong>do</strong> not<br />

reply to this memo, as the CEO and CFO are<br />

away from the <strong>of</strong>fice at a nightclub, congratulating<br />

the auditor on his work. Would the last<br />

person to leave the <strong>of</strong>fice please turn <strong>of</strong>f the<br />

lights?<br />

Nury Vittachi is a bestselling author, columnist, lecturer and<br />

TV host. He wrote the <strong>Institute</strong>’s first storybook, May Moon<br />

and the Secrets <strong>of</strong> the CPAs, and the latest one, May Moon<br />

Rescues the World Economy, published in 2010.

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