CO129-624-3 Public Services Commission- formation 1-1-1950 - 31-12-1950 — Page 26

In- eligibility

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Governor's power to appoint a Chairman shall remain unfettere 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 revenues of the Colony or out of the revenue or funds of any members of municipality or municipal council which may hereafter be

of persons holding certain offices for appoint- ment as

the Com-

mission.

Secretary to Com- mission.

Functions

י

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

6.

(1) The Commission shall advise the Governor

of the Com- regarding—

mission.

(a) 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 inay 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-

To save(a) the Governor, or any office of which the holder ex-officio a member of the Executive Council or Legislative Council of the Colony or any member of the Governor's personal staffy ma enota na lo quella ad made paluDDIQ

(b) the Chief Justice of the Colony or a Judge of

the Supreme Court;"

(c) the Chairman or any member of the

Commission; ...

(d) any office or rank in any naval, military or

enactment air force constituted by or raised under any

law or in the Police Force;

(e) any office or appointment specified in the First Schedule hereto..

7. (1) The Chairman and members of the Commission Remunera- shall be entitled to such remuneration and allowances as may Chairman

tion of the

the Com-

from time to time be voted by the Legislative Council: and

members of Provided that in the event of a temporary appointment under subsection (2) of section. 3 such appointee shall be entitled to mission. such remuneration and allowances as the Governor may approve not exceeding the scale of remuneration and allowances which would have been applicable had the appointment been made under subsection (1) of section 3.

(2) The receipt by the Chairman or by any member of the Commission of any remuneration or allowance voted or otherwise provided for under subsection (1) shall not be deemed to cause the Chairman or any such member to be subject to Colonial Regulations or to the General Orders of the Government of Hong Kong.

Chairman

8. The Chairman and members of the Commission shall The on first appointment, whether appointed under subsection (1) or ha subsection (2) of section 3 take an oath or make an affirmation, members of each according to his conscience, in the form in the Second mission Schedule to this Ordinance. Such oath shall be administered by shall take a judge of the Supreme Court.

the Com-

an oath.

false

9. Any person who in connection with an application by Offence of any person for employment or promotion in the public service giving or with any matter upon which it is the duty of the Commission information to advise the Government of Hong Kong under this Ordinance, to the Com- wilfully gives to the Commission or to the Chairman or a member thereof or to any person or body of persons appointed

mission.

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