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HKICPA v X & Y
HK Court of Appeal, 2-Jun-2017
The court stays the publication of decisions of a Disciplinary Committee pending the outcome of X & Y's appeal. This is despite the disciplinary hearings having been public. The court rules that the "reprimand" part of the sanction "is effectively enforced by publication" (rather than entry in the register) and that this should not happen until appeals are exhausted. In our view, the interests of open justice should outweigh this. In criminal cases, verdicts and sentences are handed down in public despite the right of appeal of defendants. What makes accountants so special? Besides, a fine is always accompanied by a reprimand, so the reprimand adds nothing. The fine won't be enforced until appeals are exhausted. In the interests of open justice, we hope that the HKICPA will appeal this ruling to the CFA.

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