Regulators act on complaints: MIA to name and shame errant professionals

We have a due process to investigate any complaints made against any of our members,” MIA chief executive officer Ho Foong Moi (inset pic) told StarBiz.

PETALING JAYA: The auditors who signed off on the controversial 1Malaysia Development Bhd (1MDB) accounts will be investigated by the Malaysian Institute of Accountants (MIA).

Confirming this to StarBiz, MIA chief executive officer Ho Foong Moi said this was following complaints made by an Opposition Member of Parliament (MP).

DAP’s Petaling Jaya Utara MP Tony Pua had made two complaints to MIA, one in March and another in May.

“We have a due process to investigate any complaints made against any of our members,” Ho said.

MIA would not say when it aimed to complete the investigation. Ho said the deadline would depend on many factors as the case was complex.

“It also depends on whether we can obtain the relevant documents as well as prompt responses from the relevant parties,” she said.

On how impartial the probe would be, given that several council members of the MIA also work for three firms or the Accountant General’s office – who are involved with 1MDB – Ho said that any conflicted party would not be involved in the MIA investigation.

Three of the Big Four accounting firms were at one time or another working for 1MDB. The three are Ernst & Young, KPMG and Deloitte. The Accountant General’s Department is an authority under the Finance Ministry and advises the minister on who to appoint to the MIA council. Nine out of the MIA’s 29 council members work for the three firms or the Accountant General’s office.

The RM42bil debt chalked up by 1MDB has been the interest of many, but this is the first time the MIA is stepping in.

There have been previous calls for it to check on the auditors. The chairman of the Public Accounts Committee, which is holding an inquest into 1MDB, said he had found some accounting issues.

Datuk Nur Jazlan Mohamed said a few major accounting principles seemed to have been stretched to achieve the unqualified opinion in 1MDB’s 2014 accounts.

He called for regulators like the MIA and the Audit Oversight Board to step up and enforce the law. But the board has made it clear that it has control only over auditors of public listed companies.

The MIA, on the other hand, is a regulator for the accountants in Malaysia. The body has the power to investigate and punish members. It can even bar members from practising. But Ho stressed that the body can investigate only individuals, and not firms.

When the misconduct is less serious, the MIA can reprimand or fine the member. The MIA can also suspend a member for up to three years.

Move to name and shame errant auditors

PETALING JAYA: The regulator of audit firms in Malaysia has raised the issue of firms not fixing problems it had raised during inspections.

To put pressure on such firms, the Audit Oversight Board (AOB) will to make its inspection report public.

“We are concerned that audit firms may have started to be complacent with the deficiencies and issues raised in our inspection reports and have not given the required attention to the effectiveness of their remediation plans as indicated earlier to the board,” said executive chairman Nik Mohd Hasyudeen Yusoff in the AOB annual report 2014.

He noted that while firms have been enhancing their quality control, the board had found little actual improvement.

Last year, the board set stricter conditions for registration. It refused an application for recognition by a foreign audit firm because that firm failed to meet the board’s standards.

Also, the board acted against another firm for failing to meet critical measures on independence.

The board said new and revised standards next year would be a possible game changer to raise the quality of auditing and financial reporting in the country.

It was referring to the rules from the International Auditing and Assurance Standards Board that take effect on Dec 15, 2016.

Nik said these new standards would require auditors to put in key audit matter disclosures in their reports.

This would make the reports tailored to the clients rather than the mostly standard terms and boilerplates.

The board expects this to give more insights “of the risks surrounding a particular reporting entity and some of this may have market impact”.

The annual report said there was no major change in the number of registered and recognised audit firms and individual auditors.

Six major audit firms and four others audited 957 public-interest entities (PIE), covering 98.6% of the market capitalisation of public listed companies in Malaysia in 2014.

Last year, the AOB acted against a firm and two individual auditors.

It was the first time it had barred a firm from accepting any PIE as a client for 12 months. The firm also had to pay a penalty of RM30,000. In the past, the penalties were limited to a reprimand and the highest fine was RM10,000.

Regulator AOB expects and has mechanism to ensure audit firms strictly adhere to the laws

PETALING JAYA: The Audit Oversight Board (AOB), which has taken enforcement actions against two individual auditors and an audit firm last year, expects audit firms to adhere strictly to the laws.

“AOB has in place a robust enforcement mechanism with sufficient safeguards to ensure that fairness and justice will prevail,” it said.

From April 2010 to December 2013, eight auditors were sanctioned for failure to comply with the recognised auditing standards in the performance of their audit of the financial statements of public-interest entities (PIE) and failure to comply with the ethical and professional standards of the Malaysian Institute of Accountants by-laws.

In 2014, action was taken against two auditors and one audit firm.

AOB has prohibited Wong Weng Foo & Co from accepting PIE clients for 12 months. The audit firm was also imposed a penalty of RM30,000.

The AOB has also rapped two registered auditors, Lim Kok Beng of Ong Boon Bah & Co and Chan Kee Hwa of Khoo Wong & Chan, for non-compliance.

They were reprimanded for not complying with the International Standards on Auditing while auditing the financial statements of public interest entities.

In addition to the reprimand, a penalty of RM10,000 was imposed on Lim

Salaries of audit firm employees higher than fees

PETALING JAYA: For the first time in two years, growth in employee costs has outstripped audit fees among Malaysian firms.

While the growth in audit fees has dipped by a quarter from 12% to 9% in the past year, the growth in staff cost has remained constant for the past two years.

There has been higher headcounts in the past year, which rose by 6.6%, according to the Securities Commission’s Audit Oversight Board’s (AOB) annual report 2014. “Based on three years of analysis of the top 10 audit firms, salary costs continue to increase at a higher rate compared with the growth in the audit fees, which is a challenge for audit firms,” the board said.

Staff turnover was also another concern.

While the overall turnover has stabilised at about a quarter of the staff each year, the non-executives were leaving at a higher rate.

“This is a concern as turnover at this level may indicate the lack of attractiveness of audit as a career among younger accountants, which could be detrimental in the long term,” it said.

The report is compiled from 10 top audit firms, which collectively audited 957 public-interest entities (PIEs) covering 98.6% of the market capitalisation of public-listed companies in Malaysia.

The number of registered audit firms had decreased from 83 in 2010 to 52 last year.

The number of registered auditors has remained stable for the past five years. The number of registered auditors rose to 304 individuals in 2014 from 302 in 2013.

The annual report, AOB’s fifth, was released yesterday. AOB also questioned audit deficiencies for major firms. AOB inspects accounting firms regularly to promote and develop an effective audit oversight framework and promote confidence in the quality and reliability of audited financial statements in Malaysia.

Sources: The Star/Asia News Network

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Malaysia's healthcare system is one of the best in the world

 Country is third best and practioners 'equal to or better than most Western countries'

PETALING JAYA: The country’s achievement at being rated third best in the world for healthcare services is something to be proud of, said Health Minister Datuk Seri Dr S. Subramaniam.

He also gave credit to the boom in the country’s medical tourism sector through strategic investments on good medical facilities and competitive rates compared to other parts of the world.

“Medical tourism has benefited the Government in terms of foreign direct investments and also spin-off effects in the hotel and shopping sectors,” he said yesterday.

The Star Online reported yesterday that a study by the American publication International Living rated Malaysia’s healthcare system as the third best out of 24 countries in its 2014 Global Retirement Index, beating Spain, Italy, Ireland and New Zealand, among other countries.

The index, which was recently released by the Baltimore-based magazine, praised Malaysia’s healthcare, which scored 95 out of a possible 100 points, as the medical expertise of Malaysian healthcare practitioners is “equal to or better than what it is in most Western countries”, according to InternationalLiving.com’s Asia correspondent Keith Hockton.

The top two countries, France and Uruguay, scored 97 and 96 points, respectively.

On the methodology of the index’s ratings, the magazine said both the cost and quality of healthcare were evaluated.

Another report in International Medical Travel Journal News reported that medical tourism receipts in Malaysia from foreign patients totalled RM509.77mil in 2011 involving 578,403 patients.

Dr Subramaniam added that Malaysia remained competitive with players like Singapore and Thailand and the focus was to consolidate the country’s position.

He said the key towards improving the overall healthcare sector would be to focus on the preventive and primary healthcare divisions.

Malaysia Medical Association (MMA) president Datuk Dr N.K.S Tharmaseelan also acknowledged the findings, saying that the country has one of the best healthcare systems in the world.

“The Health Ministry has become a massive seamless service provider in healthcare that has produced magnificent results over the years. Our statistics prove it,” he said, adding that this was despite general practitioners being the lowest paid in the world with their fees being regulated.

He added that impressive figures such as life expectancy for women reaching 80 years and about 72 years for men were reflective of the excellent healthcare provided by the ministry and the private sector.

By G. Surach The Star/Asia News Network

Mahathirism is dead and gone?

PETALING JAYA: Tun Dr Mahathir Mohamad said he is actively campaigning for Umno and the Barisan Nasional in the general election but the era of Mahathirism is no more.

Debunking claims by DAP stalwart Lim Kit Siang that Mahathirism stoked racial fears and went against decades of nation building, the former prime minister said it was just a figment of Lim's imagination.

The former leader added that Mahathirism was dead and gone and there was no need to fear it.

Lim had said in response to earlier remarks by Dr Mahathir that he did not hate the former prime minister as a person but was only against the Mahathirism policies that allegedly stoke racial fears and went against nation-building efforts.

“I wonder why Kit Siang is so afraid of me, what he calls Mahathirism.

“I don't know what is Mahathirism but obviously it conjures in the mind of Kit Siang something fearful.

“So, he has declared his intention to fight Mahathirism,” the country's longest-serving prime minister said in his latest blog posting yesterday.

“I don't care whether he destroys Mahathirism or not. It is an exercise in futility as Mahathirism is a figment of his imagination.

“He should not be afraid of this toothless tiger, figuratively speaking,” he said, adding Mahathirism died in 2003 when Tun Abdullah Ahmad Badawi took over as prime minister.

Dr Mahathir said while Abdullah's successor, Datuk Seri Najib Tun Razak, was friendlier, the current Prime Minister was “not that close to me”.

Furthermore, he added, Najib had his own team of advisers. “His policies are his own.”

Dr Mahathir admitted that he was actively campaigning for Umno and the Barisan, saying it was time to return the favour.

“I became prime minister because Umno and the Barisan backed me strongly.

“I owe a debt of gratitude to them. And that gratitude can only be manifested through helping them to be accepted by the people and to win,” he said, adding he would go all out for his son, Deputy International Trade and Industry Minister Datuk Mukhriz Mahathir, should he be chosen as a candidate.

He said he could now back Mukhriz as he was no longer in a position of power.

The Star/Asia News Network

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Malaysia's General Election 13 to be survival of the fittest

It’s all a matter of endurance. Given the stakes, tensions have also heightened. Both sides have a great deal to lose. 

WE are entering the final straight. Whether the date of the actual polling day is in June, July, September or even next year, the finishing line is fast approaching.

It’s all a matter of endurance. Who can best manage their own resources and minimise their weaknesses? Whose “messaging” is the most focused and sustained?

Given the stakes, tensions have also heightened. Both sides have a great deal to lose.

As Tun Daim Zainuddin said a few months ago, the contest between Pakatan Rakyat and Barisan Nasional is much like an extended game of tennis – with victory going to the side that commits the least unforced errors.

In this respect Barisan would appear to be gaining the lead. Pakatan’s lack of access to the mainstream media further undermines the challenger’s chances.

Last week’s resignation of DAP Senator and vice-president Tunku Abdul Aziz Ibrahim and PAS’ continued call for the introduction of the syariah have raised doubts about Pakatan’s ability to hold the middle-ground.

But there are also real dangers in trying to “read” the election outcome from the mainstream media. Official controls will always tend to magnify Pakatan’s mistakes whilst minimising Barisan’s missteps and only a fool would ignore the Internet’s ubiquitous presence.

At the same time, the vast numbers of new voters have injected an enormous degree of uncertainty into the game.

It is as if Tun Daim’s tennis game had been crossed with a Sony Wii as well as a Pentagon battle-ground simulator: permutations are the new “norm”.

No one knows for certain where these young people will cast their ballots. As Ben Suffian of Merdeka Centre explains: “They lack the loyalty of their parents. They are better informed and more sceptical: arbitraging on news and events.”

But when all is said and done, the voters are faced with four fundamental decisions when they’re dealing with Barisan, which are as follows:

> Datuk Seri Najib Tun Razak: Should the Malaysians reward or punish him? Have his reforms satisfied the voting public? Conversely, has he been too weak in the face of non-Malay demands? Does Bersih 3.0 accurately reflect popular sentiment? Does he deserve to better Tun Abdullah Ahmad Badawi’s 2008 result? Will we reward him with the constitutional majority? Can his personal popularity (much like Abdullah’s at the same stage of the 2008 scenario) strengthen his hold on power?

> Umno: For over five decades – the United Malays National Organisation has been the parti kerajaan – the party of Government with its supreme council meetings surpassing Cabinet in terms of “real” authority? Is the automatic identification of party and government (along with all the attendant patronage) coming to an end? Or is it merely a case of the parti kerajaan becoming a parti politik no different from PAS and PKR? Is Umno’s supremacy finished?

> Barisan Nasional: Can the alliance remain intact if the country’s second largest community, the Chinese, remove their support? Is an Umno-dominated coalition sustainable? Are we witnessing the end of the so-called unwritten consensus that has brought us thus far? What will be the substitute?

> Malaysia: Will the 13th General Election see the firming up of the two-coalition system or its demise? Are we Malaysians comfortable with the level of checks and balances that have entered our political lexicon since 2008 or do we wish to return to the past – entrusting the Barisan, unreservedly with our future?

March 8, 2008 was a surprise result. It upset our (and especially my) lazy assumptions.

Will the upcoming polls see this becoming the new normal or will we return to the status quo ante? I will try my best to cover these dilemmas. But then again, if we refer to Tun Daim’s tennis analogy and the doubts raised by Bersih, another major question surrounds the “rules of the game” – who determines the players, especially the millions of new voters?

CERITALAH  By KARIM RASLAN

To teach or to manage?

The Education Ministry should come up with guidelines that strictly define the role of teachers who are assigned to carry out administrative tasks and those who teach.

HAVE teachers not enough to teach that they are crying out to be “allowed to teach”? Or, have teachers been so drawn away from their teaching duty that they are pleading hard to “get (back) to teach”? Sadly, it is the latter that is of concern.

Teachers lament that they are not able to concentrate on their teaching because too many non-teaching activities and responsibilities are thrust upon them. There are the numerous analyses to do, reports to write, data to enter online, meetings, functions, seminars and workshops to attend. They also complain that they have co-curricular activities and games to manage and students to counsel.

Granted that some of these activities do have educational value that may indirectly contribute to classroom teaching effectiveness, teachers are not happy at the seemingly uncoordinated and inordinate manner by which they are called upon to be involved.

The contention is that much of the “paper work” teachers are required to do serve only the purposes of officials higher up. Teachers do not see any benefits to their charges at all.

With all these distractions, the committed teachers are worried sick that they may labour in vain in their classroom teaching; or they may themselves be burnt out. Others may already have thrown in the towel.

On the other hand, the less-than-responsible ones are enjoying the “outings” and “deviations” and unashamedly claiming that teaching is after all an “easy” life.

For the newly recruited teachers, this is indeed a confusing scenario!

There is indeed a case for the Ministry and education authorities to better coordinate and reassess the true needs of the paper work given to schools and expecting their feedback to be uploaded usually within short notice.

On the other hand, teachers must also recognise that some extracurricular activities are essential and therefore rightly become part of their duties.

Yet, with consent, approval and support from the authorities higher up, schools can do better. Here are my thoughts and suggestions.

A normal secondary day school with a student population of around 2,000 and running two sessions will have a principal, three senior assistants, an afternoon supervisor, four heads of academic departments, five student counsellors and a teaching staff of about 120.

This means that the school has 14 administrator-teachers, that is 12% of the staff.

Premier and other schools of acclaim may even have more academic and administrative staff. Smaller schools need no afternoon supervisors, have a proportionate number of counsellors whilst other positions are all intact.

These school administrators are called administrator-teachers because besides administering and managing their respective “office”, they are required to also teach some (10 to 14) periods a week. This may seem minimal as compared to a normal teacher’s load of 24 to 28 periods.

But, consider the minds of these administrator-teachers. Their first concern must be that they administer well the “office” they have been promoted and assigned to. They must also realise that what they do and decide now affect more than their own classes. They are helping to administer the whole school.

Their teaching periods may average two per day. But the timetable could be such that it is one period in the early half and the other period in the latter half of the day. Being conscientious and committed, they are teachers who want to perform well in their given tasks.

So, it is not just about going into classes for 40 minutes per period. There must also be necessary preparations to ensure that each lesson is enriching and benefiting to their charges.

Usually, they are torn between the demands of their administrative offices and the teaching needs of their classes. More often than not, our school structures and expectations being such, their administrative duties take precedence.

To accommodate, the more experienced administrator-teachers opt to teach “less important” subjects and classes.

This has resulted in their teaching becoming, much to their own chagrin, less than exemplary to their colleagues. Worse, there are some teachers who use the situation to justify their own lackadaisical demeanour.

This sad scenario begets the question: Why not allow administrator-teachers to be full-time administrators? They can then focus on the administrative tasks, take over the paper work now being assigned to teachers, “represent” teachers in many out-of-school activities and most importantly reduce the burden from teachers who are not “teaching-centric”.

After all, these administrator-teachers have to prove their administrative prowess rather than teaching for their next career move.

And, may I point out that former teachers who have taken on administrative positions in the ministry or the various education departments are not required to teach at all?

So why should teachers carrying out adminstrative work be expected to teach even if its just a few periods a week?

We really need a transformational change here. Would the Education Ministry allow schools to be administered by full-time administrators who were teachers before?

By LIONG KAM CHONG

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Jimmy Choo honoured with Chinese award in arts and culture

BEIJING: Datuk Jimmy Choo has been honoured as one of the most influential Chinese personalities in the field of arts and culture.

The internationally-renowned Malaysian shoe designer had become the first Malaysian to receive the “You Bring Charm to the World World's Most Influential Chinese Award” from Phoenix Television in China under the arts and culture category at Peking University two weeks ago.

The award under the same category was also given to Hong Kong actress Deanie Ip, who won 15 best actress awards worldwide.

As a Chinese of Hakka descent, Datuk Jimmy Choo was very moved and honoured to be given the award.

“When I first started designing my own shoes, no one would buy them even though the price was only £50 (RM246),” said Choo.

“But today, Jimmy Choo has become a household name and I am proud that I am able to bring honour to the Chinese community because of my name.”

Last year, Choo had also won the prestigious “The World's Outstanding Chinese Designer 2011” Design for Asia award.

When asked whether his designs are influenced by Western or Eastern culture, Choo said he used a mix of both cultures and traditions in his shoe designs because he always remembered his Chinese roots.

He added that he was proud of his Chinese name Choo Yeang Keat (pronounced “Zhou Yang Jie” in Mandarin) and urged Chinese people to believe in themselves.

“Everything in the world is the same there is no East or West.

“The most important thing is that your design is elegant, beautiful and comfortable, and you will be successful,” said Choo.

Other notable ethnic Chinese personalities who had won the “You Bring Charm to the World Award” this year include New York Knicks rising basketball star Jeremy Lin and Chinese scientists Zhenyi and Chen Zhu for their research work in cancer treatment.

By LIM WEY WEN  wwen@thestar.com.my

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Are Malaysians really racists?

PUTIK LADA By RICHARD WEE

Race relations laws will assist the authorities to manage race relations, to clarify any uncertainty, but may to a certain extent suggest that Malaysians are, perhaps, racists.

IT is of crucial importance for the citizens of any growing nation to also grow intellectually. A mature nation is not just a nation of financial wealth, but a nation filled with people who can articulate their points intellectually and critically, and do so calmly and with poise.

In 2007 and 2008, the National Young Lawyers Committee of the Bar Council (NYLC) held a series of forums – known as “Siri Pemikiran Kritis” (SPK) – which encouraged open debates and discussions of issues which affected the people and the nation.

These debates and discussions included issues relating to the economy, civil liberties, and human rights. It was hoped that these forums would activate quality dialogues, over rhetoric and emotional outbursts.

The series was very well received. The panel of invited speakers ranged from national leaders to NGO members.

The attendees were mostly normal Malaysians who cared for the country and who were keen to hear the views of the panel speakers.

As the name of the series suggests, its purpose was to encourage critical thinking. The forums took a standard format.

The NYLC would invite a few speakers who were well versed with the topic, and have a moderator to host.

After each speaker presented his thoughts on the topic at hand, the floor would be open for the attendees to pose queries and sometimes debate with the panel speakers.

The very first SPK was held on Jan 11, 2007, and the topic was the New Economic Policy. It was a good start, and eventually, eight further forums were held.

This year, the NYLC is reviving the SPK series. This is part of the NYLC’s on-going community programme, which includes not only offering people legal and non-legal assistance, but also to educate and engage via public forums such as the SPK.

The idea of public forums where Malaysians can gather and listen to the ideas and views of others, and partake in open dialogues, drove the current NYLC team to re-visit the successful SPK.

To kick start the 2012 version of the SPK, the NYLC will host a forum on the issue of the proposed race relations law in Malaysia – “Race Relations Laws: Backwards or Forwards?”

Law Minister Datuk Seri Mohamad Nazri Aziz, announced that a Bill would be presented in Parliament, which would be in similar vein with the race relations laws of other countries.

What are race relations laws? In its simplest sense, race relations laws govern the relations of different races in a country. In the United Kingdom and the United States, laws governing race relations were passed and are used to manage the different races.

Do we need such laws in Malaysia? Does Malaysia not already have a sufficient legislative framework to govern race relations? How have we been governing race relations since 1957? Is our Federal Constitution a sufficient guide on race relations? Is it not enough for race relations be governed by honest and benevolent government policies?

Perhaps the new laws would assist the authorities to manage race relations. Arguably, there is an opportunity to clarify any uncertainty.

To a certain extent, the proposed race relations law suggests that Malaysians are, perhaps, racists. Only in countries where racism is rampant, or where it is damaging the roots of the society, would such a law be necessary.

Are Malaysians really racists?

That would be a question which only the Malaysian people can answer.

It is possible that this country is not, by majority, filled with racists, but instead that Malaysia has been subjected to unfortunate and sometimes insidiously enforced policies, which gives the impression that we are racists.

Taking a general view of Malaysian society, there is hardly any open, blatant racism.

For example, in the US, at the peak of racism, African Americans were not allowed to share seats in buses with White Americans in some states.

That was a dark moment in American history and their Senate had to intervene with laws to legislate that.
Policies in America also changed to discourage segregation.

Unlike in the US, any Malaysian can hitch a ride on a bus and share seats with people of different races. This is, of course, a simplistic example. Perhaps Malaysians may feel otherwise.

People may feel that we need such laws. Malaysians may also feel that we should discuss and perhaps debate on this proposed law.

So, do we need race relations laws in Malaysia? Or do we actually need race relations policies instead? And if we do introduce race relations laws, what would they contain?

So many questions. So many issues.

That being the case, we invite you make your way to the upcoming SPK Forum, which will be held on Saturday, March 31, at the Bar Council Auditorium in Kuala Lumpur from 10am to 2pm.

The forum will be initiated by Senator Gan Ping Sieu who is also Youth and Sports Deputy Minister. The speakers will be Datuk Ambiga Sreenevasan, Farish Noor, and Faisal Moideen. It will be moderated by Syahredzan Johan.

Please register with the Bar Council by contacting Janet Nathan, the Executive Officer in charge at janet@malaysianbar.org.my, as seats are limited.

> The writer is the chairperson of the National Young Lawyers Committee. PutikLada, or pepper buds in Malay, captures the spirit and intention of this column – a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society. For more information about the young lawyers, visit www.malaysianbar.org.my.