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Chapter: | 50
 | Title: | PROFESSIONAL ACCOUNTANTS ORDINANCE | Gazette Number: | L.N. 204 of 2006 |
| Section: | 2 | Heading: | Interpretation | Version Date: | 01/12/2006 |
(1) In this Ordinance, unless the context otherwise requires- (Amended 10 of 2005 s. 48)
**"appointed day" (指定日期) means the day appointed by the Secretary for Financial Services and the Treasury under section 1(3) of the Professional Accountants (Amendment) Ordinance 2004 (23 of 2004); (Added 23 of 2004 s. 3)
"appointed member" (委任理事) means a member of the Council appointed by the Chief Executive under section 10(2)(e); (Added 23 of 2004 s. 3)
"certified public accountant" (會計師) means a person registered as a certified public accountant by virtue of section 22; (Replaced 23 of 2004 s. 3)
"certified public accountant (practising)" (執業會計師) means a certified public accountant holding a practising certificate; (Added 23 of 2004 s. 3)
"co-opted member" (增選理事) means a member of the Council co-opted under section 10(4); (Added 96 of 1994 s. 2)
"corporate practice" (執業法團) means a company which is for the time being registered under section 28E; (Added 85 of 1995 s. 2)
"Council" (理事會) means the Council of the Institute established under section 10; (Amended 23 of 2004 s. 54)
"Disciplinary Committee" (紀律委員會) means a Disciplinary Committee constituted under section 33(3); (Replaced 96 of 1994 s. 2)
"Disciplinary Committee Convenor" (紀律委員會召集人) means the Disciplinary Committee Convenor appointed under section 33(1)(a); (Added 23 of 2004 s. 3)
"Disciplinary Panels" (紀律小組) means the Disciplinary Panel A and Disciplinary Panel B constituted under section 33(1) and "Disciplinary Panel A" and "Disciplinary Panel B" shall be construed accordingly; (Added 23 of 2004 s. 3)
"elected member" (當選理事) means a member of the Council elected under section 10(2)(c);
"firm name" (事務所名稱) means, in relation to a certified public accountant (practising) practising on his own account, the name or style under which he practises if that name or style is otherwise than his own name without any addition as registered under section 22(2), and in relation to a certified public accountant (practising) practising in partnership, the name or style under which the partnership practises; (Added 96 of 1994 s. 2. Amended 23 of 2004 s. 3)
"FRC" (財務匯報局) means the Financial Reporting Council established by section 6(1) of the Financial Reporting Council Ordinance (Cap 588 ); (Added 18 of 2006 s. 68)
"Institute" (公會) means the Hong Kong Institute of Certified Public Accountants (香港會計師公會) incorporated by section 3; (Added 23 of 2004 s. 3)
"Investigation Committee" (調查委員會) means the committee appointed under section 42C; (Added 96 of 1994 s. 2)
"Investigation Committee Convenor" (調查委員會召集人) means the Investigation Committee Convenor appointed under section 42B(1)(a); (Added 23 of 2004 s. 3)
"Investigation Panels" (調查小組) means the Investigation Panel A and Investigation Panel B constituted under section 42B(1) and "Investigation Panel A" and "Investigation Panel B" shall be construed accordingly; (Added 23 of 2004 s. 3)
"lay person" (業外人士) means a person who is not-
(a) a certified public accountant; or
(b) a member of an accountancy body which is a member of the International Federation of Accountants; (Added 23 of 2004 s. 3)
"practice review" (執業審核), in relation to a practice unit, means an examination or a review described in section 32B(1)(b); (Added 14 of 1992 s. 2)
"Practice Review Committee" (執業審核委員會) means the committee established under section 32A; (Added 14 of 1992 s. 2)
"practice unit" (執業單位) means-
(a) a firm of certified public accountants (practising) practising accountancy pursuant to this Ordinance; (Replaced 23 of 2004 s. 3)
(b) a certified public accountant (practising) practising accountancy on his own account pursuant to this Ordinance; or (Added 14 of 1992 s. 2. Amended 85 of 1995 s. 2; 23 of 2004 s. 3)
(c) a corporate practice; (Added 85 of 1995 s. 2)
"practising certificate" (執業證書) means a current practising certificate issued under section 30;
"President" (會長) means the President of the Institute elected under section 4 and any person acting as President; (Amended 23 of 2004 s. 54)
"professional accountant" (專業會計師) means a person registered as a professional accountant before the relevant day; (Replaced 23 of 2004 s. 3)
"professional indemnity insurance" (專業彌償保險) includes insurance indemnifying a certified public accountant, a firm of certified public accountants (practising) or a corporate practice against liability to compensate a third party who has sustained financial loss or any other damage or injury due to a breach of professional duty by or to professional negligence of such accountant, firm or practice (including such negligence by any director of the practice) or fraud or dishonesty; (Added 85 of 1995 s. 2. Amended 23 of 2004 s. 3)
"professional standards" (專業標準) means any-
(a) statement of professional ethics; or
(b) standards of accounting, auditing and assurance practices, (Amended 23 of 2004 s. 3)
issue or specified or deemed to be issued or specified under section 18A; (Added 14 of 1992 s. 2)
"public accountant" (註冊核數師) means a person registered as a professional accountant by virtue of the repealed section 24(2) before the relevant day; (Replaced 23 of 2004 s. 3)
"register" (註冊紀錄冊) means the register of certified public accountants kept under section 22; (Amended 23 of 2004 s. 54)
"registered address" (註冊地址) means any address of a certified public accountant which is entered in the register under section 22(2); (Amended 23 of 2004 s. 54)
"registered office" (註冊辦事處) means the registered office referred to in section 31;
"Registrar" (註冊主任) means the Registrar appointed under section 21;
"relevant day" (有關日期) means the day on which the Professional Accountants (Amendment) Ordinance 2004 (23 of 2004) comes into operation* under section 1(2) of that Ordinance; (Added 23 of 2004 s. 3)
"repealed section 24(2)" (已廢除的第24(2)條) means section 24(2) of this Ordinance repealed by the Professional Accountants (Amendment) Ordinance 2004 (23 of 2004); (Added 23 of 2004 s. 3)
"reviewer" (審核人員) means any person appointed or engaged by the Council under section 32B(1)(d); (Added 14 of 1992 s. 2)
"Vice-President" (副會長) means the Vice-President of the Institute elected under section 4 and any person acting as Vice-President. (Amended 23 of 2004 s. 54)(Amended 8 of 1993 s. 8; 96 of 1994 s. 2; 23 of 2004 s. 3)
(2) For the purposes of sections 27(4)(b), 28D(10)(b)(i), 35(3) and 38(2), an appeal to the Court of Appeal shall be deemed to be finally determined when the earliest of the following events occurs, whichever is applicable in the circumstances-
(a) when the appeal to the Court of Appeal is withdrawn or abandoned;
(b) when the specified period expires without an application for leave to appeal having been made to the Court of Appeal;
(c) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Appeal-
(i) when the application is withdrawn or abandoned;
(ii) if the application is refused, when the specified period expires without an application for leave to appeal having been made to the Court of Final Appeal; or
(iii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of; or
(d) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Final Appeal-
(i) when the application is withdrawn, abandoned or refused; or
(ii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of. (Added 10 of 2005 s. 48)
(3) In subsection (2)-
"application for leave to appeal" (上訴許可申請) means an application made to the Court of Appeal or the Court of Final Appeal under section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap 484) for leave to appeal to the Court of Final Appeal from a judgment of the Court of Appeal;
"specified period" (指明限期)-
(a) in the case of an application for leave to appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is required to be filed; or
(ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Appeal extends that period, the period as so extended; or
(b) in the case of an application for leave to appeal made to the Court of Final Appeal, means-
(i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(4) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is required to be filed; or
(ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Final Appeal extends that period, the period as so extended. (Added 10 of 2005 s. 48)
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Note:
** appointed day : 26 November 2004.
* The Professional Accountants (Amendment) Ordinance 2004 (23 of 2004) comes into operation on 8 September 2004.