PUBLIC SERVICE COMMISSION ORDINANCE

PUBLIC SERVICE COMMISSION ORDINANCE

LAWS OF HONG KONG

PUBLIC SERVICE COMMISSION ORDINANCE

CHAPTER 93





CHAPTER 93

PUBLIC SERVICE COMMISSION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Public Service Commission ... ... ... ... ... ... ... ... ... ... ... 2

4. Ineligibility of persons holding certain offices for appointment as members

of Commission ... ... ... ... ... ... ... ... ... ... ... ... ... 3

5. Secretary to Commission ... ... ... ... ... ... ... ... ... ... ... 4

6. Functions of Commission ... ... ... ... ... ... ... ... ... ... ... 4

7. Remuneration of the Chairman and members ... ... ... ... ... ... ... 5

8. Oath of Chairman and members ... ... ... ... ... ... ... ... ... 5

9. Offence of giving false information to Commission ... ... ... ... ... 5

10. Reports and statements or other communications of Commission privileged 5

11. Protection to Chairman and members ... ... ... ... ... ... ... ... 6

12. Publication and disclosure of information to unauthorized persons prohibited
6

13. Offence to influence or attempt to influence Commission ...
... ... ... 6

14. Power of Governor in Council to make regulations ... ... ... ... ... 6

15. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7

First Schedule. Specified Offices ... ... ... ... ... ... ... ... ... ... ... 7

Second Schedule. Oath of Office ... ... ... ... ... ... ... ... ... ... ... 8





CHAPTER 93

PUBLIC SERVICE COMMISSION

To constitute a Public Service Commission.

(Amended, 15 of 1979, s. 2)

[30 June 1950.]

1. This Ordinance may be cited as the Public Service Commission
Ordinance.

(Amended, 15 of 1979, s. 3)

2. In this Ordinance, unless the context otherwise requires-

'Commission' means the Public Service Commission established by this
Ordinance; (Amended, 15 of 1979, s. 4)

'judicial office' means

(a) the office of Chief Justice; and

(b)any judicial office specified in the First Schedule to the
Judicial Service Commission Ordinance; (Replaced, 15 of
1979, s. 4)

'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 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 Governor by writing under his hand and shall hold office during
his pleasure: (Amended, 3 of 1967, s. 2 and 15 of 1979, s. 5)

Provided that

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

(b)the Chairman shall automatically vacate his office after he has
held it for 3 years, but shall be eligible for reappointment;

(c)every member shall automatically vacate his office after he has
held it for 2 years, but shall be eligible for reappointment.

(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 the Colony or is
unable to act; or

(b)the office of Chairman or of a member is vacant pending a new
appointment or reappointment,

the Governor may appoint another person to act temporarily as Chairman
or a member, as the case may be. (Replaced, 15 of 1979, s.5)

(6) 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

(a)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

(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, 27 of 1974, s. 3)

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 to

(a)the appointment of ajudge of the High Court as Chairman; or

(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, and 27 of 1974, s. 4)

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 as may be referred to it by
the Governor or made to the Commission in accordance with
the Regulations of the Hong Kong Government; (Replaced, 27
of 1974, s. 5)

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

(e)any matter affecting the conduct and discipline of public
officers on which the Governor is required by Colonial
Regulations to consult the Commission. (Added, 15 of 1979,s.6)

(2) Nothing in this 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;
(Amended, 27 of 1974, s. 5, and 68 qf 1975, s. 2)

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

(e)any office specified in the First Schedule. (Replaced, 68 of
1975,s.2)

(3) The Legislative Council may by resolution amend the First
Schedule. (Added, 68 of 1975, s. 2)

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
section 3(5) 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 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 Colonial Regulations or
to the Regulations of the Hong Kong Government.

8. 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 High
Court.

(Amended, 34 of 1968, s. 3; 27 of 1974, s. 6, and 68 of 1975,
s.3)

9. 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 Governor
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 of
$2,000 and imprisonment for 2 years.

(Amended, 32 of 1961, s. 3)

10. 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 of to the
Governor or to the Chief Secretary 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 Governor under the





hand of the Chief 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 Chief 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 and shall be liable to a fine of $2,000 and
imprisonment for 1 year.

(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 of $2,000 and imprisonment for 1 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 and shall be liable to a fine of $4,000 and imprisonment for 2
years:

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 the Regulations of the Hong Kong
Government. (Replaced, 27 of 1974, s. 7)

14. (1) The Governor in Council may by regulation provide 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 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;

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. 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 Her Majesty
through the Secretary of State as to how such power should
be exercised and in particular the instructions contained in
regulations 19 to 22 both inclusive of Colonial Regulations or
any Colonial Regulation substituted for or amending the same.

FIRST SCHEDULE [s. 6(2)(e) & (3).]

SPECIFIED OFFICFS

The Director of Audit.

The Commissioner of the Independent Commission Against Corruption.

The Deputy Commissioner of the Independent Commission Against Corruption.

A person appointed under section 8 of the Independent Commission Against
Corruption Ordinance.

(Added, 68 of1975, s. 4)





SECOND SCHEDULE
OATH OF OFFICE

having been

Chairman
appointed to act as member of the Public Service Commission,
do swear that 1 will freely and without

solemnly and sincerely declare and affirm }
fear or favour, affection or ill-will, give my counsel and advice to the Govern-
ment 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 1 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

1

Before me,

(Amended, 34 of 5 of 1979. *s'.
Originally 14 of 1950. (Cap. 93, 1950.) 21 of 1951. 51 of 1956. 32 of 1961. 3 of 1967. 34 of 1968. 7 of 1974. 27 of 1974. 65 of 1975. 68 of 1975. 15 of 1979. Short title. Interpretation. (Cap. 92.) Public Service Commission. Ineligibility of persons holding certain offices for appointment as members of Commission. Secretary to Commission. Functions of Commission. First Schedule. First Schedule. Remuneration of the Chairman and members. Oath of Chairman and members. Second Schedule. Offence of giving false information to Commission. Reports and statements or other communications of Commission privileged. Protection to Chairman and members. 1870 c. 105, s. 10. [cf. Cap. 227, Part VIII.] 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. Saving. (Cap. 204.)

Originally 14 of 1950. (Cap. 93, 1950.) 21 of 1951. 51 of 1956. 32 of 1961. 3 of 1967. 34 of 1968. 7 of 1974. 27 of 1974. 65 of 1975. 68 of 1975. 15 of 1979. Short title. Interpretation. (Cap. 92.) Public Service Commission. Ineligibility of persons holding certain offices for appointment as members of Commission. Secretary to Commission. Functions of Commission. First Schedule. First Schedule. Remuneration of the Chairman and members. Oath of Chairman and members. Second Schedule. Offence of giving false information to Commission. Reports and statements or other communications of Commission privileged. Protection to Chairman and members. 1870 c. 105, s. 10. [cf. Cap. 227, Part VIII.] 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. Saving. (Cap. 204.)

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