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Discipline

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

 

1.  Standard of Professional Conduct
 

HKICS Article 21.  Standard of Professional Conduct


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

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


HKICS Code of Professional Ethics and Conduct

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

  •   HKICS Code of Professional Ethics and Conduct (Sep 2018)(Download)

  
For the process of how the Institute enforces its high standards, please refer to the following:- 

  •   Disciplinary Procedures and Proceedings Flow Chart (Sep 2018)(Download)

 

2.  Lodge a complaint

If you would like to lodge a complaint against a member/graduate/registered student of the Institute, please file your complaint by completing, signing and submitting the Complaint Form (M017 - Complaint Form) to us by post to ‘Chief Executive, The Hong Kong Institute of Chartered Secretaries at 3/F, Hong Kong Diamond Exchange Building, 8 Duddell Street, Central, Hong Kong’ and mark ‘Private and Confidential’ on the envelope; or by email to ce@hkics.org.hk; or by fax to Chief Executive at fax no.: (852) 2530 9728; or in person.

Important notes:
A valid complaint must be supported by evidence that is sufficient to show the possibility of alleged improper acts or professional misconduct committed by a member/graduate/registered student.  Unsubstantiated allegations (including anonymous complaint) CANNOT be processed.

  •   M017 - Complaint Form (Download)

 

3.  Disciplinary Tribunal orders and decisions  

Date of order    

Name                
Nature of case Order and decision
7 December 2020 Chan Mei Mei Professional misconduct Order and Decision (download)
7 December 2020 Yiu Ka Lun Ken Professional misconduct Order and Decision (download)
13 August 2020 Chan Wai Ling Professional misconduct Order and Decision (download)
25 May 2020 So Kwok Keung Keith Professional misconduct Order and Decision (download)
26 November 2019 Chow Chi Wa Professional misconduct Order and Decision (download)
16 July 2019 Cheung Yiu Hung Professional misconduct Order and Decision (download)
16 July 2019 So Kwok Keung Keith Professional misconduct Order and Decision (download)
19 June 2018 Mok Wing Kai Henry Professional misconduct

Order and Decision (download)
Note:
The imposed sanctions were complied with on 23 August 2020.

22 November 2017 Chan Ka Yan Professional misconduct Order and Decision (download)
22 November 2017 Ip Wing Lun Professional misconduct Order and Decision (download)
19 July 2017 Wong Nam, Marian Professional misconduct

Extract of Order and Decision (download)
(As published in the October 2017 edition of the Institute’s journal CSj)

Note:  
The imposed sanctions were complied with on 25 April 2018.

16 August 2016 Wong Po Ling,
Pauline
Professional misconduct Extract of Order and Decision (download)
(As published in the November 2016 edition and December 2016 edition

of the Institute’s journal CSj)
Note:  
The imposed sanctions were complied with on 22 November 2017.
16 August 2016 Ip Wing Lun Professional misconduct Extract of Order and Decision (download)
(As published in the November 2016 edition of the Institute’s journal CSj)

Note:  
The penalty of removal from membership was imposed in another
professional misconduct case, effective from 9 February 2018.

 

(i)  List of members/graduates removed from membership/graduateship register


Professional misconduct

Date of removal
Name 
Nature
9 February 2018 Ip Wing Lun Professional misconduct
9 February 2018 Chan Ka Yan Professional misconduct


Continuing Professional Development (CPD)
 non-compliance

Year of removal:   2017/2018     

Au Young Hin Lap (*Note)
Chan May Yi Nicole   
Cheng Koon Wai
Chu Siu Lun
Chu Siu Pui 

Ho Yau Choi
Kwan Pok Man Daniel  
Law Chui Yuk
Leung Ho Yi Jennifer
Ng Yuen Yi
Poon Koon Yu Jeanie   
Tam Kam Yee
Tong Man
Tsang Wai Yee Terri
Wong Kin Hung
Wong Sze Man
Wong Yin Ping Rebecca
Yan Miu Ping
Year of removal:   2018/2019     
Choy Chung Wah Tsui Chi Keung Wilfred    
Year of removal:  2019/2020    
nil      
Year of removal:  2020/2021    
Cheng Wing Heng Janet Lam Kin Ming Edward Lok Mun Wai Lousia Christine Ma Yin Jean

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

 

(ii)  Statistics of CPD non-compliance disciplinary proceedings are as follows:
Year Total number of cases Number of members/graduates removed from membership/graduateship register due to non-compliance with Disciplinary Tribunal orders and decisions
2015/2016 61 18
2016/2017 51 2
2017/2018 40 29
2018/2019 4 2
2019/2020 5 4

 

4.  Continuing Professional Development (CPD) non-compliance

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


Consequences of CPD non-compliance

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


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

 

Important notes:

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

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


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

(i)     no further extension of time before disciplinary hearing will be given by the Disciplinary Tribunal to the member/graduate concerned to rectify his/her alleged contravention as ample opportunities have been given by the Professional Development Committee;
(ii) a notice to disciplinary hearing will be issued to the member/graduate concerned and the case be proceeded to a disciplinary hearing directly;
(iii) a fine payable at a minimum of HK$3,000 will usually be imposed for each breach of CPD requirement;
(iv) the member/graduate concerned will still be required to rectify his/her breach within a prescribed period; and
(v) the progressive scale of penalties decided by the Disciplinary Tribunal on and being effective from 10 June 2015 will continue to apply as follows:-

(1)   a fine payable by the member/graduate concerned (HK$3,000 per year of CPD non-compliance);
(2)   suspension of all rights of membership/graduateship until such time as he/she is able to demonstrate fulfilment of outstanding CPD points; and
(3)   removal from register of membership/graduateship.      

 

5.  Penalties and costs

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

The Chartered Governance Institute Byelaw 24.   Penalties and costs


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

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

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

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

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


HKICS Article 27.   Penalties

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

(a)  excluding the member, graduate or registered student concerned from the respective membership, graduateship or studentship (as the case may be) and
       removing his name from the appropriate register;
(b)  calling for and accepting the resignation of the member, graduate or registered student;
(c)  suspending all or any of his rights of membership, graduateship or studentship including the right to hold any particular class of membership, graduateship
      or studentship (with or without liability for continuing payment of annual subscriptions);
(d)  cancelling and calling for the return of any practising certificate or Practitioner’s Endorsement certificate;
(e)  imposing a fine payable by the member, graduate or registered student;
(f)   reprimanding the member, graduate or registered student;
(g)  ordering the member, graduate or registered student to pay costs incurred by the Investigation Group and the Disciplinary Tribunal; or
(h)  ordering the member, graduate or registered student to pay restitution,

in all cases without prejudice to the rights of the Institute to recover any arrears of subscription or any moneys due from the member, graduate or registered student to the Institute. The decision shall also include a ruling as to whether and by what means any penalty or penalties to be imposed shall be given publicity and if so whether the member, graduate or registered student shall be named.

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

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

 

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