Chapter 1
Chapter 1
An Overview of the Public Service Commission
1.1
The Public Service Commission is an independent statutory body which advises the Chief Executive (CE) on Civil Service appointments, promotions and discipline. Its mission is to safeguard the impartiality and integrity of the appointment and promotion systems in the Civil Service and to ensure a high standard of discipline is maintained. The Commission’s remit is stipulated in the Public Service Commission Ordinance (PSCO) and its subsidiary regulations (Chapter 93 of the Laws of Hong Kong).
Membership
1.2
In accordance with the PSCO, the Commission comprises a Chairman
and not less than two but not more than eight Members. All of them are
appointed by the CE and have a record of public or community service. The
membership of the Commission during 2020 was as follows –
Curricula vitae of the Chairman and Members are at Appendix II.
Chairman | |
Mrs Rita LAU NG Wai-lan, GBS, JP | since May 2014 |
Members | |
Mr Andrew MAK Yip-shing, BBS, JP | since May 2015 |
Mrs Ayesha MACPHERSON LAU, JP | since February 2016 |
Mr John LEE Luen-wai, BBS, JP | since May 2016 |
Mr Lester Garson HUANG, SBS, JP | since February 2018 |
Mrs Ava NG TSE Suk-ying, SBS | since February 2018 |
Mrs Margaret LEUNG KO May-yee, SBS, JP | since July 2018 |
Mr Tim LUI Tim-leung, SBS, JP | since July 2018 |
Dr Clement CHEN Cheng-jen, GBS, JP | since December 2019 |
Secretary | |
Ms Fontaine CHENG Fung-ying | since October 2018 |
The Public Service Commission at a meeting.
Secretariat
1.3
The Commission is supported by a small team of civil servants
from the Executive Officer, Secretarial and Clerical grades. At the end of
2020, the number of established posts in the Commission Secretariat was 32.
An organisation chart of the Commission Secretariat is at Appendix III.
Role and Functions
1.4
The Commission’s role is advisory. With a few exceptions specified in section (s.)
6(2) of the PSCO1, the Commission advises on the appointments and
promotions of civil servants to posts with a maximum monthly salary at
Master Pay Scale Point 26 ($53,500 as at end of 2020) or above, up to and
including Permanent Secretaries and Heads of Department (HoDs). The
appointment of Directors of Bureau, Deputy Directors of Bureau and Political
Assistants under the Political Appointment System is not referred to the
Commission for advice. At the end of June 2020, the number of established
Civil Service posts falling under the Commission’s purview was 49 133 out of
a total of 188 729. However, irrespective of rank, the following categories
of cases must be submitted to the Commission for advice. They are –
(a)
cases involving termination (including non-renewal) of agreement and
further appointment on agreement terms or new permanent terms under the
circumstances as specified in Civil Service Bureau (CSB) Circular No. 8/2003
and the relevant supplementary guidelines issued by CSB;
(b)
termination or extension of probationary or trial service;
(c)
refusal of passage of probation or trial bar; and
(d)
retirement in the public interest under s.12 of the Public Service
(Administration) Order (PS(A)O)2 .
1
In accordance with s.6(2) of the PSCO, the posts of the Chief Secretary for Administration, the Financial Secretary, the
Secretary for Justice, the Director of Audit as well as posts in the judicial service of the Judiciary, the Independent
Commission Against Corruption and the disciplined ranks of the Hong Kong Police Force are outside the
Commission’s purview.
2
The PS(A)O is an executive order made by the CE under Article 48(4) of the Basic Law. It sets out the CE’s
authority in regard to the management of the Civil Service, including discipline matters.
1.5
As regards disciplinary cases, the Administration is required under s.18 of
the PS(A)O3 to consult the Commission before inflicting any punishment
under s.9, s.10 or s.11 of the PS(A)O upon Category A officers with the
exception of the exclusions specified in the PSCO. Category A officers refer
to those who are appointed to and confirmed in an established office or are
members of the Civil Service Provident Fund (CSPF) Scheme4. They include
virtually all officers except those on probation, agreement and some who are
remunerated on the Model Scale 1 Pay Scale. At the end of June 2020, the
number of Category A officers falling under the Commission’s purview for
disciplinary matters was about 118 000.
3
Generally speaking, with the exception of middle-ranking officers or below in disciplined services grades
who are subject to the respective disciplined services legislation, civil servants are governed by disciplinary provisions
in the PS(A)O. For disciplinary cases processed under the respective disciplined services legislation of which the
punishment authority is the CE (or his/her delegate), the Government will, subject to the exclusions specified in
s.6(2) of the PSCO, consult the Commission on the disciplinary punishment under s.6(1)(d) of the PSCO.
4
The CSPF Scheme is the retirement benefits system for civil servants appointed on or after 1 June 2000 and on
New Permanent Terms of appointment.
1.6
The Commission also handles representations from officers on matters
falling within its statutory purview and in which the officers have a direct and
definable interest. In addition, the Commission is required to advise on any
matter relating to the Civil Service that may be referred to it by the CE. The
Commission also advises the Secretary for the Civil Service on policy and
procedural issues pertaining to appointments, promotions and discipline as
well as on a wide range of subjects relating to human resources management.
Mode of Operation
1.7
The business of the Commission is normally conducted through circulation of
papers. Meetings are held to discuss major policy issues or cases which
are complex or involve important points of principle. At such meetings,
representatives of CSB and the senior management of departments may be
invited to apprise the Commission of the background of the issue or case but
the Commission forms its views independently.
1.8
In examining submissions from Bureaux and Departments (B/Ds), the
Commission’s primary aim is to ensure that the recommendations are well
justified and are arrived at following the required procedures and stipulated
guidelines. To achieve this, the Commission has devised a meticulous
vetting system and in the process may require B/Ds to provide clarifications
and supplementary information. In some cases, B/Ds would modify their
recommendations after taking into account the Commission’s observations.
In other cases, the Commission is able to be satisfied with the propriety of the
recommendations after examining the elaborations provided. The Commission
also tenders suggestions or reminders to B/Ds on areas deserving management
attention. The ultimate objective is to facilitate the pursuit of excellence in
the administration of the appointment, promotion and disciplinary systems
in the Civil Service.
Confidentiality and Impartiality
1.9
In accordance with s.12(1) of the PSCO, the Chairman or any member of
the Commission or any other person is prohibited from publishing or
disclosing to any unauthorised person any information which has come to
his/her knowledge in respect of any matter referred to the Commission under
the Ordinance. Under s.13 of the PSCO, every person is prohibited from
influencing or attempting to influence any decision of the Commission or
the Chairman or any member of the Commission. These provisions serve to
provide a clear and firm legal basis for safeguarding the confidentiality and
impartial conduct of the Commission’s business.
Performance Targets
1.10
In dealing with promotion and disciplinary cases, the Commission’s
target is to tender its advice or respond formally within six weeks upon receipt
of the submissions. As for recruitment cases, the Commission’s target is to
tender advice or respond within four weeks upon receipt of such submissions.
Work in 2020
1.11
In 2020, the Commission advised on 1159 submissions covering
recruitment, promotions and disciplinary cases as well as other
appointment-related subjects. Queries were raised in respect of 853
submissions, resulting in 162 re-submissions (19%) with recommendations
revised by B/Ds in the light of the Commission’s comments. All submissions
in 2020 were completed within the pledged processing time. A statistical
breakdown of these cases and a comparison with those in the past four years
are provided in Appendix IV.
1.12
The Commission deals with representations seriously. All representations
under the Commission’s purview are replied to following thorough examination.
Should inadequacies or irregularities in B/Ds’ work be identified in the process,
the Commission would provide advice to B/Ds concerned for rectification.
1.13
The Commission dealt with six representations relating to appointment matters
in the year. After careful and thorough examination, the Commission was
satisfied that only one of the representations made was substantiated. The
representation involved a serving officer who was originally waitlisted for
appointment to another grade but was rejected by the recruiting department.
Upon investigation, the Commission has found omissions in the approval
process when the application was put up to the relevant appointment authority (AA)
for consideration. The concerned department admitted the oversight and
has undertaken to review its recruitment proceedings and provide adequate
training and guidance to the staff handling recruitment matters.
1.14
In addition to representations, the Commission also receives complaints of
various nature. Although some may fall outside our statutory purview, all
complaints are dealt with seriously. After obtaining the facts and information
from the relevant B/Ds, the Commission will deliberate on the substance of
the complaints and reply to the complainants. Where the matters raised fall
outside the Commission’s purview, the Commission Secretariat will re-direct
them to the relevant B/Ds for reply.
1.15
The Commission has a key role to play in ensuring compliance and consistency
in the application of policies and procedures that pertain to appointments,
promotions and discipline in the Civil Service. While staff training and
development are the core responsibilities of departmental and grade
managements (GMs), the Commission has been working with CSB to
promote a total approach in developing a comprehensive Human Resource
Management strategy for the Civil Service. Specifically, we would like
to see B/Ds create and engender an optimum environment to manage,
develop and motivate staff thus enabling them to perform to the best of
their abilities to achieve the B/Ds’ organisational goals and objectives. In
2020, the Commission continued the initiative of fielding officers from the
Commission Secretariat to participate in training sessions and workshops
organised for Executive Grade officers. Equipping them with the necessary
knowledge and expertise to discharge their personnel management function
is vital in ensuring the appointment and promotion systems are administered
properly and in full accordance with Civil Service policies and rules. We were
encouraged by the feedback that these forums have helped to nurture mutual
understanding between the Commission and B/Ds. The forums have enabled
officers responsible for preparing submissions to the Commission to become
better aware of the Commission’s standard and requirements. This in turn
has helped to enhance our mutual efficiency. Separately, the Commission will
continue to take advantage of our visits to B/Ds to discuss areas and matters
of mutual interest.
Homepage on the Internet
1.16
The Commission’s homepage can be accessed at the following address –
The homepage provides information on the Commission’s role and functions,
its current membership, the way the Commission conducts its business and
the organisation of the Commission Secretariat. Our Annual Reports (from
2001 onwards) can also be viewed on the homepage and can be downloaded.
1.17
An Index of the advice and observations of the Commission on Civil Service
recruitment, appointment, discipline and other human resources management
issues cited in the Commission’s Annual Reports since 2001 is provided on
the homepage. The objective is to provide human resources management
practitioners in B/Ds and general readers with a ready guide for quick searches
of the required information.