PUBLIC SERVICE COMMISSION REGULATIONS

PUBLIC SERVICE COMMISSION REGULATIONS

PUBLIC SERVICE COMMISSION REGULATIONS

(Cap. 93, section 14)

[29 September 1950.]

1. These regulations may be cited as the Public Service
Commission Regulations.

2. In these regulations, unless the context otherwise requires

'Commission' means the Public Service Commission;

,,efficiency bar', 'probation bar' and 'promotion step' have the same
meanings as in the Regulations of the Government of Hong Kong;

'established office' has the meaning assigned to it by pension
legislation;

'Master Salary Scale' means the scale under the heading 'Master' in
the table of general salary scales appended to the annual estimates
of Government revenue and expenditure;

'pension legislation' means the ordinances and regulations concerning
the payment of pensions to officers in the public service for the
time being in force;

'Secretary for the Civil Service' means the person holding the office of
Secretary for the Civil Service or Principal Assistant Secretary or
Assistant Secretary and also means any person holding a public
office not below that of Senior Executive Officer who is authorized
in writing by the Secretary for the Civil Service to perform specified
duties on his behalf,

'special appointment' means an appointment other than an
appointment to an established office, being an appointment which
cannot be determined by Government at will or upon the giving of
1 month's notice or of a period of notice of less than 1 month;

,,a vacancy' shall be deemed to occur when an established office for
which provision has been made in the estimates is not held by a
person who has been appointed substantively thereto.

3. (1) Whenever it is proposed to fill a vacancy occurring or about
to occur in an established office or to make a special appointment and
the maximum monthly salary applicable to the office or appointment is
not less than the amount specified at point -A on the Master Salary
Scale, the Secretary for the Civil Service shall notify the Commission of
the vacancy or the proposed appointment and ask the Commission to
advise the Governor how it should be filled or made.





(2) Notwithstanding paragraph (1), if the Governor considers that
exceptional circumstances warrant the making of a special appointment
without prior reference to the Commission, he may make the
appointment accordingly but shall at the same time notify the
Commission of his reasons for so doing.

4. The Secretary for the Civil Service shall ask for the advice of the
Commission in every case where an officer who holds an established
office or special appointment is due to pass a probation or efficiency
bar or is eligible to pass a promotion step, and the Secretary for the Civil
Service is of the opinion that

(a) passage over that bar or step should be refused; or

(b)such passage should be deferred in terms that the officer
would suffer financial loss thereby.

5. It shall be lawful for the Governor to indicate that he wishes the
advice of the Commission upon any matter which he is by the
Ordinance authorized to refer, by writing under the hand of the
Secretary for the Civil Service requesting such advice.

6. These regulations shall not apply to any office, class of office or
appointment to which section 6(2) of the Ordinance applies.

7. Whenever any matter has been referred to the Commission
whether by notice in writing to the Secretary or by such other manner as
may from time to time be prescribed, then subject to any regulations for
the time being in force the Chairman of the Commission shall, with a
view to advising the Governor upon such matter as has been referred to
the Commission, cause the matter to be considered by the Commission
in such manner as he shall in each particular case deem convenient and
shall cause to be forwarded to the Chief Secretary in writing

(a)the advice of the Commission or of the Chairman and every
member who has considered the matter; or

(b)if the advice is not unanimous, the advice of the Chairman and
of each member who has considered the matter: Provided that
such advice may take the form of concurring with the advice
given by the Chairman or member and of indicating in what
respects, if any, it differs therefrom.

8. Subject to any regulations for the time being in force it shall be
lawful for the Commission for the purpose of advising the Governor
upon the filling of any vacancy in an established office or upon the
making of any special appointment or upon the





surmounting of any efficiency or probation bar or of any promotion
step in an established office or special appointment-

(a)to conduct, supervise or arrange such examinations, inter-
views or tests of any public servant who is about to be or
may be appointed to fill any vacancy or special appoint-
ment and of any candidate for the public service as to the
Commission may seem fit;

(b)to obtain from the Head of Department of any public
servant or the employer of any candidate for the public
service such information as may appear to the Commission
to be relevant in advising Government on whether such
public servant should be appointed to fill any vacancy or to
any special appointment or on whether such candidate
should be employed in the public service; and

(e)to advertise any vacancy in such manner as the Commis-
sion may deem desirable.
G.N.A. 209/50. G.N.A. 91/56. G.N.A. 73/61. L.N. 92/66. L.N. 25/69. L.N. 148/70. L.N. 119/74. 15 of 1979. 36 of 1987. Citation. 15 of 1979, s. 8. Interpretation. 15 of 1979, s. 8. L.N. 92/66. L.N. 119/74. 36 of 1987, s. 53. L.N. 119/74. 36 of 1987, s. 53. (Cap. 89.) (Cap. 99.) L.N. 119/74. 36 of 1987, s. 53. 36 of 1987, s. 53. Vacancy in pensionable office etc. to be notified to Commission. L.N. 119/74. 36 of 1987, s. 53. Commission's advice on officer's promotion etc. L.N. 119/74. 36 of 1987, s. 53. Governor may refer to Commission by writing under hand of Secretary for the Civil Service. L.N. 148/70. L.N. 119/74. Non-applicability of regulations to certain office, class of office or appointment. Procedure for obtaining advice of the Commission. L.N. 119/74. L.N. 92/66. Powers of the Commission. 36 of 1987, s. 53. L.N. 119/74.

G.N.A. 209/50. G.N.A. 91/56. G.N.A. 73/61. L.N. 92/66. L.N. 25/69. L.N. 148/70. L.N. 119/74. 15 of 1979. 36 of 1987. Citation. 15 of 1979, s. 8. Interpretation. 15 of 1979, s. 8. L.N. 92/66. L.N. 119/74. 36 of 1987, s. 53. L.N. 119/74. 36 of 1987, s. 53. (Cap. 89.) (Cap. 99.) L.N. 119/74. 36 of 1987, s. 53. 36 of 1987, s. 53. Vacancy in pensionable office etc. to be notified to Commission. L.N. 119/74. 36 of 1987, s. 53. Commission's advice on officer's promotion etc. L.N. 119/74. 36 of 1987, s. 53. Governor may refer to Commission by writing under hand of Secretary for the Civil Service. L.N. 148/70. L.N. 119/74. Non-applicability of regulations to certain office, class of office or appointment. Procedure for obtaining advice of the Commission. L.N. 119/74. L.N. 92/66. Powers of the Commission. 36 of 1987, s. 53. L.N. 119/74.

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