Cap. 93 - Public Service Commission Ordinance

To constitute a Public Service Commission. (Amended 15 of 1979 s. 2) [30 June 1950](Format changes—E.R. 1 of 2021) 1. Short title This Ordinance may be cited as the Public Service Commission Ordinance.(Amended 15 of 1979 s. 3) 2. Interpretation In this Ordinance, unless the context otherwise requires—Commission (委員會) means the Public Service Commission established by this Ordinance; (Amended 15 of 1979 s. 4)government regulations (政府規例) means the administrative rules known as the Government Regulations and any other administrative rules or instruments regulating the public service; (Added 63 of 1999 s. 3) judicial office (司法職位) means any judicial office specified in Schedule 1 to the Judicial Officers Recommendation Commission Ordinance (Cap. 92); (Replaced 25 of 1998 s. 2)member (委員) when used with reference to the Commission does not include the Chairman; Public Service (Administration) Order (《公務人員(管理)命令》) means— (a) the Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997); (b) the Public Service (Disciplinary) Regulation made under section 21 of that Order (and together with that Order published as S.S. No. 5 to Gazette No. 2/1997); and (c) any other regulation made or any direction given under that Order, as amended from time to time. (Added 63 of 1999 s. 3) 3. Public Service Commission (1) There shall be established for the purposes of this Ordinance a Public Service Commission which shall consist of a Chairman and not less than 2 and not more than 8 members, all of whom shall be appointed by the Chief Executive by writing under his hand and shall hold office at his discretion: (Amended 3 of 1967 s. 2; 15 of 1979 s. 5; 63 of 1999 s. 3) Provided that— (a) the Chairman or any member may at any time resign his office by giving notice in writing to the Chief Secretary for Administration; (Amended L.N. 362 of 1997) (b) the Chairman shall automatically vacate his office after he has held it for 3 years, but shall be eligible for re-appointment; (c) every member shall automatically vacate his office after he has held it for 2 years, but shall be eligible for re-appointment. (2) The Chairman and not less than 1 member may exercise and perform any of the functions, powers and duties of the Commission, but the Commission shall not pass a resolution except by the unanimous vote of the Chairman and every member who considers the resolution.(3) The Commission may, by instrument of delegation, authorize the Chairman to exercise and perform, either generally or in any particular case, such of the functions, powers and duties of the Commission under this Ordinance as may be specified in the instrument.(4) Anything which may be done at a meeting of the Commission may be done by the circulation of papers for the consideration of the Chairman and not less than 1 member and in particular—(a) a resolution of the Commission may be passed without a meeting, but the resolution and the voting thereon shall be recorded in writing and the Chairman and any member who considers the resolution shall sign his name to his vote; and(b) advice on any matter may be formulated without a meeting, but the advice of the Chairman and any member who considers the matter shall be recorded in writing and each shall sign his name to the advice given by him.(5) Whenever—(a) the Chairman or any member is absent from Hong Kong or is unable to act; or(b) the office of Chairman or of a member is vacant pending a new appointment or reappointment,the Chief Executive may appoint another person to act temporarily as Chairman or a member, as the case may be. (Replaced 15 of 1979 s. 5. Amended 63 of 1999 s. 3)(6) It shall be lawful for the Chief Executive to enter into an agreement with any suitable person for the employment of such person as Chairman of the Commission: (Amended 63 of 1999 s. 3) Provided that— (a) it shall be an implied term of any such agreement that the Chief Executive’s power to appoint a Chairman shall remain unfettered and that such person may be dismissed at the discretion of the Chief Executive; and (Amended 63 of 1999 s. 3) (b) any remuneration, allowances or benefits provided for under such agreement shall be deemed to be payable, allowable and receivable only if and to the extent that the necessary moneys are provided for by Legislative Council. (Amended E.R. 1 of 2021) (Amended 27 of 1974 s. 3) 4. Ineligibility of persons holding certain offices for appointment as members of Commission It shall not be lawful to appoint as Chairman or as a member of the Commission any member of Legislative Council or any person who is the holder of a pensionable office or post the emoluments whereof are payable wholly or partly out of the revenues of Hong Kong or out of the revenue or funds of any municipality or municipal council which may hereafter be established in Hong Kong: (Amended 63 of 1999 s. 3) Provided that the prohibition hereinbefore contained shall not extend to— (a) the appointment of a judge of the Court of First Instance as Chairman; or (Amended 25 of 1998 s. 2) (b) the making of a temporary appointment as Chairman under section 3(5); or (c) the appointment of a person who, although still the holder of any such office or post as aforesaid is on leave prior to retirement and has already received official notification of the pension which will be payable to him for service which comprised service in the office or post of which he is the holder. (Amended 21 of 1951 s. 2; 27 of 1974 s. 4) 5. Secretary to Commission The Chief Executive shall from time to time appoint an officer in the public service to act as secretary to the Commission. The secretary shall not be a member of the Commission or have any vote in its deliberations.(Amended 63 of 1999 s. 3) 6. Functions of Commission (1) The Commission shall advise the Chief Executive regarding— (Amended 63 of 1999 s. 3)(a) the filling of such vacancies in the public service as may be prescribed;(b) the promotion of an officer from such grades and classes of the public service to another grade and class as may be prescribed;(c) such representations from an officer as may be referred to it by the Chief Executive or made to the Commission in accordance with government regulations; (Replaced 27 of 1974 s. 5. Amended 63 of 1999 s. 3)(d) any matter affecting the public service which may be prescribed by regulation made hereunder or which the Chief Executive may refer to the Commission; (Amended 15 of 1979 s. 6)(e) any matter affecting the conduct and discipline of public officers on which the Chief Executive is required by Public Service (Administration) Order to consult the Commission. (Added 15 of 1979 s. 6. Amended 63 of 1999 s. 3)(2) Nothing in this section shall apply to the following offices, classes of office or appointments—(a) the Chief Executive, or the offices of the Chief Secretary for Administration, the Financial Secretary and the Secretary for Justice, or any member of the Chief Executive’s personal staff; (Amended 27 of 1974 s. 5; 68 of 1975 s. 2; 63 of 1999 s. 3)(b) any judicial office; (Replaced 65 of 1975 s. 16)(c) the Chairman or any member of the Commission;(d) any office or rank in the police force; (Amended 2 of 2012 s. 3)(e) any office specified in the First Schedule. (Replaced 68 of 1975 s. 2)(2A) Where a person employed in the public service carries out duties for a body specified in column 2 of the Third Schedule has been invited to opt to take up employment with that body or to remain a public servant and the person either—(a) opts to remain a public servant; or(b) fails to make any election on or before the date specified in column 3 opposite that body,subsection (1)(a) to (d) does not apply to his employment. (Added 69 of 1992 s. 2)(3) The Legislative Council may by resolution amend the First or Third Schedule. (Added 68 of 1975 s. 2. Amended 69 of 1992 s. 2) 7. Remuneration of the Chairman and members (1) The Chairman and members of the Commission shall be entitled to such remuneration and allowances as may from time to time be voted by the Legislative Council: Provided that in the event of a temporary appointment under section 3(5) such appointee shall be entitled to such remuneration and allowances as the Chief Executive may approve not exceeding the scale of remuneration and allowances which would have been applicable had the appointment been made under section 3(1). (Amended 27 of 1974 s. 6) (2) The receipt by the Chairman or by any member of the Commission of any remuneration or allowance voted or otherwise provided for under subsection (1) shall not be deemed to cause the Chairman or any such member to be subject to the Public Service (Administration) Order or to government regulations.(Amended 63 of 1999 s. 3) 8. Oath of Chairman and members The Chairman and members of the Commission shall on first appointment, whether appointed under section 3(1) or (5), take an oath or make an affirmation, each according to his conscience, in the form in the Second Schedule, which shall be administered by a judge of the Court of First Instance.(Amended 34 of 1968 s. 3; 27 of 1974 s. 6; 68 of 1975 s. 3; 63 of 1999 s. 3) 9. Offence of giving false information to Commission Any person who in connexion with an application by any person for employment or promotion in the public service or with any matter upon which it is the duty of the Commission to advise the Chief Executive under this Ordinance, wilfully gives to the Commission or to the Chairman or a member thereof or to any person or body of persons appointed by any regulation to assist the Commission in the exercise of its functions or the discharge of its duties, any information which is false by reason of the falsity of, or by reason of the omission of, a material particular, shall be guilty of an offence and shall be liable to a fine at level 1 and imprisonment for 2 years.(Amended 32 of 1961 s. 3; 63 of 1999 s. 3; E.R. 1 of 2021) 10. Reports and statements or other communications of Commission privileged Any report, statement or other communication which the Commission may in the exercise of its functions or the discharge of its duties hereunder make to the Government of Hong Kong or to the Chief Executive or to the Chief Secretary for Administration or to the head of a department of Government shall be privileged in that its production may not be compelled in any legal proceedings unless the Chief Executive under the hand of the Chief Secretary for Administration consents to its production in such proceedings.(Amended L.N. 362 of 1997; 63 of 1999 s. 3) 11. Protection to Chairman and members Any Chairman and any member of the Commission shall have such and the like protection and privileges in case of any action or suit brought against him for any act done or omitted to be done in the execution of his duty as is by law given to any magistrate or justice acting in the execution of his office.(cf. Cap. 227 Part VIII) [cf. 1870 c. 105 s. 10 U.K.] 12. Publication and disclosure of information to unauthorized persons prohibited (1) Neither the Chairman nor any member of the Commission nor any other person shall without the written permission of the Chief Executive under the hand of the Chief Secretary for Administration publish or disclose to any unauthorized person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which has come to his knowledge in the course of his duties under this Ordinance or under any regulation made thereunder in respect of any matters referred to the Commission under this Ordinance or any regulation made thereunder and any person who knowingly acts in contravention of the provisions of this section shall be guilty of an offence and shall be liable to a fine at level 1 and imprisonment for 1 year. (Amended L.N. 362 of 1997; 63 of 1999 s. 3)(2) If any person having possession of any information which to his knowledge has been disclosed in contravention of the provisions of this section publishes or communicates any such information to any other person otherwise than for the purpose of any prosecution under this Ordinance, he shall be guilty of an offence and shall be liable to a fine at level 1 and imprisonment for 1 year.(Amended E.R. 1 of 2021) 13. Offence to influence or attempt to influence Commission Every person who otherwise than in the course of his duty directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of the Commission or the Chairman or any member thereof shall be guilty of an offence and shall be liable to a fine at level 2 and imprisonment for 2 years: (Amended E.R. 1 of 2021) Provided that nothing in this section shall prohibit— (a) any person from giving a certificate or testimonial to any applicant or candidate for any public office or from supplying any information or assistance upon formal request made by the Commission; or (b) any officer from making representations to the Commission in accordance with government regulations. (Replaced 27 of 1974 s. 7. Amended 63 of 1999 s. 3) 14. Power of Chief Executive in Council to make regulations (1) The Chief Executive in Council may by regulation provide for— (Amended 63 of 1999 s. 3)(a) the discharge by the Commission (whether or not with the assistance of such bodies and persons as are hereinafter mentioned) of additional functions and duties;(b) the time, place and manner, when in which and how the Commission shall exercise its functions and duties; (Amended E.R. 1 of 2021)(c) the Commission being assisted by departmental boards and by such other persons and classes of persons as may be prescribed in the performance of all or any of its functions and duties;(d) the conduct of examinations and the interviewing of public servants or candidates for the public service by the Commission or by such boards and persons as are referred to in paragraph (c);(e) forms and fees in connexion with applications to the Commission, reports or communications from the Commission or for any other matter required by or under this Ordinance;(f) any matter which under section 6 requires to be prescribed and generally, the carrying out the provisions of this Ordinance.(2) For the purpose of removing doubt it is hereby declared that such regulations may provide for the manner in which the Commission is to proceed in any case in which the advice tendered to Government is not the unanimous advice of the Commission or, as the case may be, of the Chairman and every member by whom the matter advised upon has been considered. (Amended 27 of 1974 s. 8) 15. Saving Nothing in this Ordinance shall derogate from any provision of the Basic Law vesting in the Chief Executive the power of making appointments to the Public Service.(Replaced 63 of 1999 s. 3) First Schedule [s. 6(2)(e) & (3)]Specified Offices The Director of AuditThe Commissioner of the Independent Commission Against CorruptionThe Deputy Commissioner of the Independent Commission Against CorruptionA person appointed under section 8 of the Independent Commission Against Corruption Ordinance (Cap. 204)(First Schedule added 68 of 1975 s. 4. Amended E.R. 1 of 2021) Second Schedule [s. 8]Oath of Office (Amended 34 of 1968 s. 5; 68 of 1975 s. 4) I, , having been appointed to act as Chairman of the Public Service Commission, member { do swear } that I will freely and solemnly and sincerely declare and affirm without fear or favour, affection or ill-will, give my counsel and advice to the Government of Hong Kong in connexion with all such matters as may be referred to the Public Service Commission under the Public Service Commission Ordinance, and that I will not directly or indirectly reveal any such matters to any unauthorized person or otherwise than in the course of duty. Sworn this day of , 19 . Declared . Before me, . (Amended 15 of 1979 s. 7) Third Schedule [s. 6(2A) & (3)]Specified Bodies Item Body Date 1. Hospital Authority 30 November 1994 2. Vocational Training Council 31 July 1991 3. Monetary Authority (Added L.N. 336 of 1995) 30 September 1994 (Third Schedule added 69 of 1992 s. 3)