PUBLIC SERVICES COMMISSION ORDINANCE

PUBLIC SERVICES COMMISSION ORDINANCE

CHAPTER 93.

PUBLIC SERVICES COMMISSION.

To constitute a Public Services Commission

[30th June, 1950.]

1. This Ordinance way be cited as the Public Services Commission
Ordinance.

2. In this Ordinance-

'Commission' means the Public Services Commission established by
this Ordinance;

'member' when used with reference to the Commission does not include
the Chairman.

3. (1) There shall be established for the purposes of this Ordinance
a Public Services Commission which shall consist of a Chairman and
two members, all of whom shall be appointed by the Governor by
writing under his hand and shall hold office during his pleasure :
Provided that

(a) the Chairman or any member may at any time resign his
office by giving notice in writing to the Colonial Secretary

(b)the Chairman shall automatically vacate his office after he has
held it for three years, but shall be eligible for re-appointment


(c)every member shall automatically vacate his office after he
has held it for two years, but shall be eligible for re-
appointment.

(2) The Chairman aiid one member shall form a quorum and may
lawfully discharge the duties entrusted to the Commission by or under
this Ordinance : Provided that whenever the Chairman or any member
is absent from the Colony or is unable to act, the Governor may
appoint another person to act temporarily as Chairman or as member,
as the case may be.

(3) It shall be lawful for the Governor to enter into an agreement
with any suitable person for the employment of such person as
Chairman of the Commission: Provided that it shall be an implied term
of any such agreement that the Governor's power to appoint a
Chairman shall remain





unfettered and that such person may be dismissed at the Governor's
pleasure and provided further that any remuneration allowances or
benefits provided for under such agreement shall be deerned to be
payable allowable and receivable only if and to the extent that the
necessary moneys are Provided for by Legislative Council.

4. 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 the Colony or out
of the revenue or funds of any municipality or municipal council which
may hereafter be established in the Colony : Provided that the
prohibition hereinbefore. contained shall not extend either to the
making of a temporary appointment as Chairman under subsection (2)
of section 3 or to 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.

5. The Governor 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.

6. (1) The Commission shall advise the Governor regarding

(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 or officers concerning
conditions of service as be referred to it by the Governor;

(d)any matter affecting the public service which may be prescribed
by regulation hereunder or which the Governor may refer to
the Commission.





(2) Nothing in this section section shall apply to the following
offices, classes of office or appointments

(a)the Governor, or any office of which the holder is ex officio a
member of the Executive Council or Legislative council of
the Colony or any member of the Governor's personal staff ;

(b)the Chief justice of the Colony or a judge of the Supreme
Court ;

(c) the Chairman or any member of the Commission

(d)any office or rank in any naval, military or air force
constituted by or raised under any enactment or in the
police force;

(c)any office or appointment specified in the First Schedule.

7. (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 subsection (2) of section 3 such appointee
shall be entitled to such remuneration and allowances as the Governor may approve not
exceeding the scale of remuneration and allowances which would have been applicable had the
appointment been made under subsection (1) of section 3.

(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 Colonial Regulations or to the
General Orders of the Government of Hong Kong.

8. The Chairman and members of the Commission shall on first appointment, whether
appointed under subsection (1) or (2) of section 3 take an oath or make an affirmation, each
according to this conscience, in the form in the Second Schedule, which shall be
administered by a judge of the Supreme Court.

9. Any person who is 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 Government of Hong Kong uder 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 arty
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 falsily of, or by reason of the omission of, a material particular, shall
be guilty of an offence: Penalty: A fine of two thousand dollars and
imprisonment for two years.

10. Any report, statement or other communication which
the Commission may in the exercise of its functions or the
on discharge of its duties hereunder make to the Government
of Hong Kong or to the Governor or to the Colonial Secretary
or to the head of a department of shall be
privileged in that its production may not he compelled in
any legal proceedings unless the Governor under the hand
of the Colonial Secretary consents to its production in such
proceedings.

11. 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.

12. (1) Neither the Chairman nor any member of the Commission nor any other
person shall without the written permission of the Governor under the hand of the
Colonial Secretary 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: Penalty: A fine of two thousand dollars and
imprisonment for one year.





(2) If any person having possession of any information which to
his knowledge has been disclosed in contravetion raven tion of the
provisions of this section publishes or conimunicates 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 :
Penalty : A fine of two thousand dollars and imprisonment for one year.

13. 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: Provided that
nothing in this section shall prohibt 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: Penalty: A fine of four thousand dollars and imprisonment for
two years.

14. (1) The Governor in Council may make regulations providing
for

(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

(c) the Commission being assisted by 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 the preceding paragraph ;





(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 for carrying out the provision of this Ordinance.

(2) For the purpose of removing doubts 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 quorum thereof by whom the matter advised upon has been
considered.

15. Nothing in this Ordinance shall derogate from-

(a)any provision of the Letters Patent vesting In the Governor
the power of making appointments to the Public Service; or

(b) any instructions given to the Governor by His Majesty
through the Secretary of State as to how such power should
be exercised and in particular the instructions contained in
regulations 23-26 both inclusive of Colonial Regulations or
any Colonial Regulation substituted for or amending the
same

FIRST SCHEDULE. [s. 6.]

1. Cadet Officers Class I.
2. Director of Medical and Health Services.
3. Director of Public Works.
4. Chairman, Urban Cotincil.
5. Director of Education.
6. Director of Marine.
7. Director of Audit.


SECOND SCHEDULE. [S. 8.]

Oath of Office.

I, have been
appointed to act as Chairman of the Public Services Commission,
member

do swear that I will freely
solemnly and sincerely declare and affirm
and 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 Services Commission under
the Public Services 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,

............................................
14 of 1950. Short title. Interpretation. Public Services Commission. [s. 3 cont.] Ineligibility of persons holding certain officers for appointment as members of Commission. Secretary to Commission. Functions of Commission. First Schedule. Remuneration of the Chairman and members. Oath of Chairman and members. Second Schedule. Offence of giving false information to Commission. [s. 9 cont.] Reports and statements or other communications of Commission privileged. Protection to Chairman and members. 33 & 34 Vict, s/ 105, s. 10. [cf. Cap. 227, Part VII]. Publication and disclosure of information to unauthorized persons prohibited. Offence to influence or attempt to influence Commission. Power of Governor in Council to make regulations. [s. 14 cont.] Saving.

14 of 1950. Short title. Interpretation. Public Services Commission. [s. 3 cont.] Ineligibility of persons holding certain officers for appointment as members of Commission. Secretary to Commission. Functions of Commission. First Schedule. Remuneration of the Chairman and members. Oath of Chairman and members. Second Schedule. Offence of giving false information to Commission. [s. 9 cont.] Reports and statements or other communications of Commission privileged. Protection to Chairman and members. 33 & 34 Vict, s/ 105, s. 10. [cf. Cap. 227, Part VII]. Publication and disclosure of information to unauthorized persons prohibited. Offence to influence or attempt to influence Commission. Power of Governor in Council to make regulations. [s. 14 cont.] Saving.

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