Public Service Commission Regulations
[29 September 1950]
(Format changes—E.R. 5 of 2021)
These regulations may be cited as the Public Service Commission Regulations.
In these regulations, unless the context otherwise requires—
a vacancy (空缺) 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; (36 of 1987 s. 53; E.R. 5 of 2021) Commission (委員會) means the Public Service Commission; (15 of 1979 s. 8) efficiency bar (考績關限), probation bar (試用關限) and promotion step (升級點) have the same meanings as in government regulations; (L.N. 92 of 1966; L.N. 119 of 1974; 63 of 1999 s. 3) established office (設定職位) has the meaning assigned to it by pension legislation; (36 of 1987 s. 53) Master Salary Scale (總薪級表) means the scale under the heading “Master” in the table of general salary scales appended to the annual estimates of Government revenue and expenditure; (L.N. 119 of 1974) pension legislation (退休金法條例) means the ordinances and regulations concerning the payment of pensions to officers in the public service for the time being in force; (36 of 1987 s. 53) Secretary for the Civil Service (公務員事務局局長) means the person holding the office of Secretary for the Civil Service, Deputy Secretary, 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, Deputy Secretary, Principal Assistant Secretary or Assistant Secretary to perform specified duties on his behalf; (L.N. 119 of 1974; L.N. 257 of 1995; L.N. 362 of 1997) special appointment (特別委任) 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. (36 of 1987 s. 53; E.R. 5 of 2021)Subject to paragraph (3), 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 26 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 Chief Executive how it should be filled or made. (36 of 1987 s. 53; L.N. 359 of 1990; L.N. 257 of 1995)
Notwithstanding paragraph (1), if the Chief Executive 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.
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— (36 of 1987 s. 53)
passage over that bar or step should be refused; or
such passage should be deferred in terms that the officer would suffer financial loss thereby.
It shall be lawful for the Chief Executive 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.
These regulations shall not apply to any office, class of office or appointment to which section 6(2) or (2A) of the Ordinance applies.
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 Chief Executive 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 for Administration in writing— (L.N. 235 of 1996; L.N. 362 of 1997; 63 of 1999 s. 3)
the advice of the Commission or of the Chairman and every member who has considered the matter; or (L.N. 119 of 1974)
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. (L.N. 92 of 1966)
Subject to any regulations for the time being in force it shall be lawful for the Commission for the purpose of advising the Chief Executive 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— (L.N. 119 of 1974; 36 of 1987 s. 53; 63 of 1999 s. 3)
to conduct, supervise or arrange such examinations, interviews or tests of any public servant who is about to be or may be appointed to fill any vacancy or special appointment and of any candidate for the public service as to the Commission may seem fit;
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
to advertise any vacancy in such manner as the Commission may deem desirable.