1950-HKRS29-8-17_Part02 — Page 9

Authenticated Laws 確真本香港法例 All

Public Services Com- mission.

In-

eligibility

of persons holding certain

offices for appoint- maat as

3. (1) There shall be established for the purposes of this Ordinance a Public Services Commission which shall consist of a Chairman and two members, all of whom shall be appointed by the Governor by writing under his hand and shall hold office during his pleasure: Provided that-

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

(b) the Chairman shall automatically vacate his office after he has held it for three years, but shall be eligible for re-appointment ;

(e) every member shall automatically vacate his office after he has held it for two years, but shall be eligible for re-appointment.

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(2) The Chairman and one member shall form a quorum and may lawfully discharge the duties entrusted to the Commission by or under this Ordinance: Provided that whenever the Chairman or any member is absent from the Colony or is unable to act, the Governor may appoint another person to act temporarily as Chairman or as member, as the case may be.

(3) 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

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 provided further that 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.

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 revennes of the Colony or out of the revenue or funds of any members of municipality or municipal council which may hereafter be established in the Colony: Provided that the prohibition hereinbefore contained shall not extend either to the making of a temporary appointment as Chairman under subsection (2) of

the Com- mission.

1

section 3 or to 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.

5. The Governor shall from time to time appoint an officer Secretary

to Come- in the public service to act as secretary to the Commission. The mission. secretary shall not be a member of the Commission or have any vote in its deliberations.

6. (0) The Commission shall advise the Governor Functions

of the Com- regarding

mission,

(4) 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 or officers concerning conditions of service as may be referred to it by the Governor :

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

(2) Nothing in this section shall apply to the following offices, classes of office or appointments-e

(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:

(b) the Chief Justice of the Colony or a judge of the Supreme Court;

(c) the

Commission;

Chairman OT any member of the

(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 or appointment specified in the First First Schedule hereto.

Schedule,

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