s 40 Complaints against public accountants, accounting corporations, accounting firms and accounting LLPs
40.—(1) Any complaint concerning —(a) any improper or dishonourable conduct on the part of a public accountant in the discharge of his or her professional duty; or (b) any improper act or conduct on the part of a public accountant, an accounting corporation, an accounting firm or an accounting LLP, must be made to the Oversight Committee in writing and must be supported by such statutory declaration as the Oversight Committee may require, except that no statutory declaration is required if the complaint or information is made or given by any public officer or officer of the Authority. [11/2006] (2) The Oversight Committee may require any person making a complaint to deposit with it a reasonable sum not exceeding $1,000 to cover the costs and expenses that may necessarily be incurred by the Oversight Committee in dealing with the complaint. (3) Where the complaint is dismissed under section 41(6) or is otherwise found to be frivolous or vexatious following a review or inquiry under this Part, the sum so deposited or such part of the sum as the Oversight Committee may determine is to be applied for the payment of those costs and expenses; otherwise the sum so deposited must be returned to the person making the complaint. (4) Any person who makes a complaint to the Oversight Committee under this Part which the person knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.