Wong Ching Yong (third left) and his legal team (from left) Gordon, Albert, Lau, Woan Yi and Huang.
KUCHING (May 17): The Federal Court here on Tuesday dismissed the application of Malaysian Institute of Accountants (MIA) for leave to appeal in a case against its member Wong Ching Yong.
The application was against the decision of the Court of Appeal last year on June 21, 2022, which allowed Wong to successfully set aside the decision in 2016 to charge him before the institute’s Disciplinary Committee.
In 2018, Wong had allegedly committed unprofessional conducts during a practice review within the meaning of Rule 2 of MIA (No. 2) Disciplinary Regulations 2002.
The Court of Appeal then found that the MIA had actually committed procedural improprieties and was in breach of natural justice when conducting disciplinary action against Wong.
The Federal Court further ordered MIA to pay the costs of RM30,000 to Wong, together with RM15,000 cost ordered by the Court of Court of Appeal in June 2022.
Previously, Wong’s counsel Albert Tang argued in the Court of Appeal heard in June 2022 that the Disciplinary Committee of MIA had conducted the hearing based on a duplicity charge and coupled with the procedural improprieties and breach of natural justice.
Tang argued that the decisions of the Disciplinary Committee were null and void, and the Court of Appeal also unanimously accepted his submissions.
With the dismissal of the leave application by the Federal Court, the decision of the Court of Appeal is affirmed once and for all.
When contacted, Wong said he was extremely happy to receive the Federal Court’s decision this morning with a sigh of relief as his professional reputation and integrity are now being vindicated by the Federal Court, highest level of Court in Malaysia.
“It’s a long legal battle with the MIA system itself for the past seven years. No member should be made to undergo the sufferings and mental anguish like I did.
“I hope MIA will learn a lesson from today’s Federal Court decision and it’s high time that it should really look into the whole practice review procedure,” said Wong.
Wong also highlighted that in a recent decision of the High Court, it was held that the goal of practice review should be for educational purposes to its members and not set to punish them.
According to Wong, based on the feedback obtained in a WhatsApp group comprising small and medium practitioners (SMP), many such member firms were rated Type 4 (Unsatisfactory) by the practice review committee.
“MIA then published their sentencing in accountants’ magazine which will tarnish their professional reputation and impact their livelihood negatively,” he said.
As such, Wong said he would encourage all the SMP to be united and must be brave to consult their lawyers and argue their cases in court and many SMPs had called him up and he is of the view that they have good arguable cases.
Wong also used a quote of Winston Churchill to encourage these SMPs – “Never, never, never, never give up”.
Wong also expressed his warmest gratitude to his legal team comprising Tang who is the lead counsel, Victor Lau, Dr Chew Peng Hui, Gordon Tang, George Lim, Wong Woan Yi and Danny Huang for their tireless efforts for the past seven years in fighting and arguing the case for him on a pro bono basis.
Wong would also like to dedicate the ruling today to the late Datuk Wong Rhen Yen of Kuala Lumpur, who was also in his legal team but unfortunately passed away on April 18, 2023.
He also said he would donate a sum to Sibu Association after paying his counsels as disbursement.