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nor the Secretary for the Civil Service to decide whether the accused officer is guilty of misconduct. It is the
Investigating Committee which is charged with this responsibility. If an officer is found guilty, then the Head of the Department (together with the Head of the Grade in respect of a General Grade officer) is invited to recommend to CSB on the appropriate form of punishment.
non-civil-servants.
Under CR 65, the Secretary for the Civil Service is required to seek the advice of the Public Service Commission before deciding on the appropriate form of punishment. The Public Service Commission is statutory body established under the Public Service Commission Ordinance (Cap. 93). It consists of a Chairman and 5 members who are Under Section 6(1) of the Ordinance, the Commission is empowered to advise the Governor regarding "any matter affecting the conduct and discipline of public officers on which the Governor is
Colonial required by Regulations to consult the Commission". In other words, even when the Secretary for the Civil Service is delegated the
dismiss junior officers (serving either power department or in Civil Service Branch), he would still be required to consult the Public Service Commission before doing so.
to
We
in a
are satisfied that sufficient checks and balances exist in our system to uphold the two principles of natural justice as set out in your letter. If you agree, I should be grateful if you could arrange our proposed delegation of authority to be submitted to the
Secretary approval.
of State for
Yours sincerely,
Lomellin
(Ms Lolly Chiu)
for Secretary for the Civil Service
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