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  Procedures governing Complaints, Investigation and Enquiry > Complaints
 
   
1
The FRC is charged with a statutory duty to receive and, if appropriate, investigate and enquire into complaints from the public relating to possible auditing and reporting irregularities committed by auditors and reporting accountants of listed entities and possible non-compliances with relevant financial reporting requirements on the part of listed entities in their financial reports.
 
How to lodge a complaint?
   
2
Complainants are encouraged to make complaints in writing in either Chinese or English.  Complaints should be sent to:-
   
 
Mailing address:

'Complaints'
The Financial Reporting Council
29th Floor High Block
Queensway Government Offices
66 Queensway
Hong Kong
Fax number: (852) 2810 6320
Email address: general@frc.org.hk
   
3
The FRC will not normally deal with verbal complaints.  Complainants are advised to use the FRC's complaint form which is available on its website.
   
4
Anyone who experiences difficulties in lodging a written complaint should contact the staff members of the FRC at (852) 2810 6321 for assistance. Please note that the conversation may be recorded.
   
What information does the FRC require?
   
5
In order to evaluate a complaint, the FRC requires accurate and complete information from the complainant. This should include:-
 
(a)
name of the auditor, reporting accountant and listed entity;
(b)
specific details of the events or subject matters indicating the relevant irregularity or non-compliance. Where relevant, please indicate dates and parties involved; and
(c)
name, postal and email addresses and contact telephone numbers of the complainant.
 

Copies of any relevant documents providing evidence in support of the complaint will be useful.

Please note the FRC may not be able to proceed with complaints which are not supported with sufficient evidence.  As far as possible, complaints should not be made anonymously since this could delay the FRC's review and processing.  It could also make it difficult or impossible to obtain the necessary information and supporting evidence.  Complainants may choose to remain anonymous but this will prevent the FRC from being able to request more information or clarify matters with them.
   
Is there a time limit for lodging a complaint?
   
6
There is no time limit for lodging a complaint after the date of alleged irregularity or non-compliance, but it would be helpful if complaints are made as soon as possible after discovery in order to facilitate an investigation or enquiry.
   
How does the FRC handle a complaint?
   
7

Upon receipt of a complaint, the FRC issues an acknowledgement to the complainant.

   
8
All complaints are dealt with as soon as is practicable. The period of time required for handling a complaint depends on the circumstances of each individual case.
   
9
All complaints are treated in strict confidence although the FRC may need to disclose information to other regulatory bodies and/or law enforcement agencies. Such disclosures are, however, made under the confidentiality provisions of the Financial Reporting Council Ordinance.
   
10
In reviewing a complaint, the FRC may need to contact the complainee in order to obtain further information. Details of the complaint may have to be disclosed to this party, but, it is the FRC’s policy that the identity of a complainant shall not be revealed to outside parties unless the complainant identifies himself to the public or consents to such disclosure.
   
Reviewing and assessing complaints
   
11
To decide whether or not an investigation or enquiry should be initiated, the information and evidence provided by the complainant is reviewed.
   
12
The complainant, auditor, reporting accountant and/or listed entity concerned may be asked to provide additional information and an explanation of the matters referred to in the complaint.
   
13
Following an assessment of the information and evidence available, the FRC will decide on the appropriate action to be taken. This may include initiating an investigation or enquiry, referral of the case to the appropriate regulatory bodies and/or law enforcement agencies, no further pursuit of the complaint and/or any other action considered appropriate by the FRC.
   
14
Where it appears that there are circumstances suggesting and/or there is reasonable cause to believe that there is or may be a relevant irregularity, the FRC may initiate an investigation. Where it appears that there is or may be a question whether or not there is a relevant non-compliance, the FRC may initiate an enquiry.
   
15
Where there is insufficient information to support a complaint, or the subject matter of the complaint is immaterial, falls outside the jurisdiction of the FRC, or is not related to a relevant irregularity or non-compliance, the FRC may take such action as it considers appropriate. This may include no further pursuit of the complaint or referral of the case to an appropriate authority.
   
How can the status of a complaint be checked?
   
16
A complainant will be notified in writing with brief reasons if the FRC decides not to pursue his complaint.
   
17
If an investigation or enquiry is initiated, no information will be disclosed during the progress of the case. This enables the FRC to conduct its investigation or enquiry on a confidential basis. It also preserves the integrity of the process and protects the auditor, reporting accountant and listed entity concerned during the course of the investigation or enquiry.
   
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If no relevant irregularity or non-compliance is found, complainants may be informed that no further action is to be taken by the FRC. Complainants may also be informed if the FRC refers the matter to other regulatory body for follow-up action, but no other details will be provided.
   
19
In deciding whether or not to publish an investigation or enquiry report, or any part of a report, the FRC shall consider:-
 
(a)
whether or not the publication may adversely affect any criminal proceedings or any proceedings before the Market Misconduct Tribunal or under the Professional Accountants Ordinance;
(b)
whether or not the publication may adversely affect any person named in the investigation or enquiry report; and
(c)
whether or not the investigation or enquiry report, or any part of the report, shall be published in the interest of the investing public or in the public interest.
   

Page last updated: 12 July 2007