TNAG-1280-FCO40-1631-Public-Service-in-Hong-Kong-devolution-of-Secretary-of-State-1983 — Page 9

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(b) if he becomes a member of either chamber of the Legislature :

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(c) if he is removed from office in accordance with subsection (5) of

this section.

(5) A member of the Public Service Commission shall be removed from office by the Governor, by instrument under the Public Seal. if the Governor is satisfied that he ought to be removed from office for inability to discharge the functions thereof (whether arising from in- firmity of body or mind or any other cause) or for misbehaviour.

(6) Whenever the office of the Chairman of the Public Service Com- mission is vacant or the holder thereof is for any reason unable to perform the functions of his office, such one of the other members of the Public Service Commission as the Governor shall appoint may act in the office of the Chairman.

(7) If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is acting as the Chairman or is for any reason unable to perform the functions of his office, the Governor may appoint a person who is qualified for appointment as a member of the Commission to act as such ́a member; and any person so appointed may, subject to the provisions of sub- section (4) of this section, continue to act until he is notified by the Governor that the circumstances giving rise to the appointment have ceased to exist.

(8) The members of the Commission shall receive such salaries and allowances as. subject to subsection (9) of this section, may from time to time be prescribed by any law of the Legislature and the said salaries and allowances are hereby charged on, and shall be paid out of, the Consolidated Fund.

(9) The salary of a member of the Commission and his conditions of service other than allowances shall not be altered to his disadvantage during his continuance in office.

(10) The powers conferred upon the Governor by this section shall be exercised by him acting after consultation with the Prime Minister.

98-1) Subject to the provisions of this Constitution, power to make appointments to public offices, and to remove or exercise dis- ciplinary control over persons holding or acting in such offices, is vested in the Governor, acting on the recommendation of the Public Service Commission.

(2) This section shall apply in relation to the office of teacher in the Department of Education and of officer of the medical establish- ment, and to any person holding or acting in either of such offices, as it applies to other public offices and to persons holding or acting in those offices.

(3) Before the Public Service Commission recommends to the Governor the appointment of a person to be a permanent secretary or the head of a department of government (or to be the holder of any such other office of similar status as the Governor may, after consulta- tion with the Prime Minister, specify by notice in the Gazette) the Commission shall consult the Prime Minister.

Appoint ments, etc. of public officers.

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