Public Service Commission Annual Report 2000
Contents
I. Foreword ...... 1
II. The Public Service Commission Remit...... 3
III. Mission and Performance Target ...... 4
IV. Membership and Secretariat of the Commission ...... 5
V. Recruitment, Promotion and Discipline...... 7
VI. Civil Service Reform...... 14
VII. Disciplinary Policy and Procedures ...... 16
VIII. General Observations by the Commission on Departments’ Overall Performance...... 19
IX. Public Service Commission Recommendations ...... 22
X. Case Studies...... 25
XI. Visits and Events...... 28
XII. Acknowledgements ...... 28
Appendices
Appendix 1 Remit of the Public Service Commission...... 29
Appendix 2 Submissions with Revised Recommendations after the Commission Secretariat’s Observations ...... 30
Appendix 3 Biographies of the Chairman and Members of the Public Service Commission ...... 31
Appendix 4 Organisation of the Public Service Commission Secretariat..33
Appendix 5 Promotions/Appointments to the Senior Directorate (D3 and above) in 2000 ...... 34
Appendix 6 Breakdown of Appointments, Promotions (by salary group) and Related Matters in 2000...... 35
I. Foreword – 50th Anniversary
The Year 2000 marked the 50th Anniversary of the Public Service Commission. A golden milestone. Our records show that the Commission’s advice has always been accepted by the Administration. This 100% record is significant on two counts: first, because it demonstrates the government’s unswerving commitment to recognize and respect the raison d’être of the Commission - to offer independent advice on appointment, promotion and disciplinary matters. And second, our belief that this has led to confidence in the Commission on the part of civil servants.
Why and how was the Commission established? This is perhaps best answered by an extract from the Introduction to the 1954-6 Public Services Commission Annual Report –
“The Commission held its first meeting on August 17th, 1950 following the enactment of the Public Services Commission Ordinance on June 30th, 1950. The establishment of such a Commission was advocated in the Salaries Commission Report of 1947 on the recommendation contained in White Paper Colonial 197 that a Public Services Commission should be set up to advise the Governor on the selection and appointment of candidates to posts in the public services with a view to ensuring increased confidence both Front page of the enabling Ordinance in the service and among the public …….”
It is interesting to note that in 1979 our formal name was amended from Public Services Commission to Public Service Commission. This more accurately reflects the point that the Commission does not provide “services” per se but, rather, is a Commission dealing with the Public Service.
Serving Members and I pay tribute to our predecessors and acknowledge their tremendous input and initiative which has laid the foundation on which the Commission’s role and repute has been built. In appreciation, former Membership is listed on the opposite page.
It is also noteworthy that the role and work of the Commission has been unaffected by the Transition. The Commission is encouraged that the Administration continues to value our input and accept our advice. On our part we remain committed in discharging our responsibilities independently.
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Membership of Public Service Commission since 1950 Chairman Period Mr T Megarry 8/1950 – 3/1951 Mr Justice E H Williams 6/1952 – 5/1953 Mr Justice T J Gould 5/1953 – 11/1953 Mr J R Jones1 11/1953 – 1/1959 Mr R C Lee2 1/1959 – 7/1959 Mr E R Childe, JP3 7/1959 – 5/1965 Mr M S Cumming, JP4 6/1965 – 5/1967 Mr Charles Hartwell, JP 5/1967 – 11/1971 Mr Ronald Holmes, JP 11/1971 – 5/1977 Mr Donald Luddington 5/1977 – 3/1978 Mr I M Lightbody 3/1978 – 10/1980 Mr Li Fook-kow, JP 10/1980 – 5/1987 Mr E P Ho, JP 5/1987 – 6/1991 Mr Augustine Chui Kam, JP 6/1991 – 7/1996 Members Period Mr Man Kam Lo5 8/1952 - 11/1952 Mr A V Farmer 5/1953 – 4/1954 Mr L B Stone 10/1954 – 1/1957 Mr J Dickson Leach 12/1958 – 4/1963 Mr Y K Kan 7/1959 – 6/1961 Dr P C Woo, JP 6/1961 – 8/1964 Mr Li Fook Wo, JP 8/1964 – 3/1970 Mr J B H Leckie 6/1965 – 3/1966 Mr H J C Browne, JP 3/1966 – 5/1968 Mr K I Coullie, JP 5/1968 – 5/1972 Mr Lo Tak-sing, GBM, JP 10/1969 – 7/1974 Mr J H Bremridge, JP 2/1972 – 7/1974 Mr J J Swaine, JP 7/1974 – 9/1980 Mr Paul Tsui Ka-cheung, JP 7/1974 – 7/1980 Mr Leslie Lothian Sung, JP 12/1978 – 12/1986 Dr Victor Fung Kwok-king 7/1980 – 7/1993 Mr P A L Vine, JP 10/1980 – 9/1987 Mr Graham Cheng Cheng-hsun, JP 11/1980 – 11/1984 Mr Robert Kwok Chin-kung, JP 11/1984 – 10/1990 Mr Philip Wong Kin-hang, JP 10/1986 – 9/1995 Mr P J Thompson, JP 10/1987 – 9/1998 Mr Steven Poon Kwok-lim, JP 11/1990 – 9/1991 Mrs Eleanor Ling Ching-man, JP 2/1992 – 1/1996 Mr James Tien Pei-chun, JP 5/1992 – 6/1993 Miss Eleanor Wong Bei-lee, JP 5/1994 – 12/1995
Note (1) Mr J R Jones first served as a Member during the period 8/1950-11/1953 and as acting Chairman during the period 4/1951-6/1952 (2) Mr R C Lee first served as a Member during the period 11/1952-1/1959 (3) Mr E R Childe, JP first served as a Member during the period 1/1957-7/1959 (4) Mr M S Cumming, JP first served as a Member during the period 3/1963-6/1965 (5) Mr Man Kam Lo also served as acting Chairman during the period 3/1951-4/1951
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II. The Public Service Commission Remit
The Commission was established in 1950 as an independent statutory body. Our fundamental role is to advise the Chief Executive on appointments and promotions to the senior ranks of the public service. This covers posts with a maximum salary of $33,705 a month or more, up to and including Directors of Bureau, Heads of Department and officers of similar status. (Appendix 1)
The Commission derives its powers from the Public Service Commission Ordinance and its subsidiary regulations (Chapter 93 of the Laws of Hong Kong). As at the end of 2000, the number of established public service posts under the Commission’s purview was 35 612.
Other Functions
The Commission’s advice is also sought on the following matters :
l representations from officers on matters falling within the Commission’s statutory responsibilities and in which the officers have a direct and definable interest;
l deferment/termination of probationary/trial service;
l employment on agreement terms; l disciplinary cases on all Category A officers (Note 1) with the exception of exclusions specified in the Public Service Commission Ordinance (Appendix 1). Notwithstanding this, the Commission has indicated its readiness to advise on disciplinary cases concerning probationers and agreement officers under the mechanism of the Public Service (Administration) Order.
In addition the Commission is required to advise on any matter relating to the public service that may be referred to us by the Chief Executive.
Note 1 : Under the Pension Benefits Regulations, Cap. 99A of the Laws of Hong Kong, “Category A Officer” means an officer who is appointed to an established office and who occupied in an established office at the time of his retirement or resignation from the service. This covers virtually all officers except those on probation, agreement and those remunerated on the Model Scale I Pay Scale.
Monitoring Role
The Commission’s role is advisory. It has no executive powers. The Civil Service Bureau and government departments are responsible for conducting recruitment and promotion exercises as well as interviews and for putting their recommendations to the Commission for advice. The Commission however maintains a watching brief to ensure that the selection process is carried out fairly, meticulously and thoroughly. Departments are required to clarify or justify their recommendations in response to the Commission’s observations. The Commission also draws departments’ attention to deviations from established procedures/practices and staff management issues identified during the processing of submissions and, where appropriate, recommends measures to deal with these problems.
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In 2000 the Commission advised on 1 069 submissions covering recruitment and promotion exercises, discipline cases and other appointment-related subjects. 430 submissions were queried, resulting in 181 re-submissions (42%) with recommendations revised by the Civil Service Bureau and departments after taking into account the Commission Secretariat’s observations. A statistical breakdown of these cases is given in Appendix 2.
Human Resource Management : Policy and Initiatives
The Commission continued to act as a “think tank” to the Secretary for the Civil Service. The Commission’s views are sought on policy and procedural issues pertaining to appointments, promotions and discipline as well as on a wide range of subjects relating to the review and development of Human Resource Management subjects.
In particular, during the year, the Commission had been briefed and consulted by the Administration on various proposals and details regarding the implementation of the Civil Service Reform package as well as the Management Initiated Retirement Scheme.
III. Mission and Performance Target
The Commission’s role is to safeguard the impartiality and integrity of appointment and promotion systems in the civil service and to ensure that recommendations for appointment and promotion are based on merit and are free from political patronage or pressure. The Commission is also tasked to advise on disciplinary cases. To discharge its remit, the Commission thoroughly and meticulously examines submissions from departments and the Civil Service Bureau, and gives informed advice on issues within its terms of reference. In so doing, the Commission contributes to the morale and efficiency in the service.
In dealing with recruitment, promotion and disciplinary cases, the Commission’s target is to tender its advice or respond formally within four to six weeks upon receipt of departmental submissions. In 2000, over 94.6% of the 1 069 submissions were dealt with within the pledged processing time. The other submissions related to large and complicated exercises which necessitated a longer processing time.
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IV. Membership and Secretariat of the Commission
The Commission by law must comprise a Chairman and not less than two or more than eight members. All are appointed by the Chief Executive and have a record of public or community service. Members of the Legislative Council, the Hong Kong Civil Service and the Judiciary may not be appointed to the Commission. This restriction does not extend to retired officers.
Membership
The membership of the Commission during the year 2000 was as follows : Chairman Mr Haider Barma, JP (since August 1996) Members Mr David Gregory Jeaffreson, JP (since February 1992) Mr Christopher CHENG Wai-chee, JP (since July 1993) Dr Thomas LEUNG Kwok-fai, JP (since May 1994) Mrs NG YEOH Saw-kheng, JP (since June 1995) Ms Bebe CHU Pui-ying, JP (since December 1995) Mr Vincent CHOW Wing-shing, JP (since February 1998) Mr Frank PONG Fai, JP (since February 1998) Dr Elizabeth SHING Shiu-ching, JP (since June 1999) Secretary Mrs Lena CHAN CHIU Gin-may (since December 1995)
Biographies of the Chairman and Members are at Appendix 3.
Secretariat of the Commission
The Commission is served by a small and dedicated team of civil servants from the Executive Officer, Secretarial and Clerical grades. Submissions from the Civil Service Bureau and government departments are meticulously vetted, with further clarification and justification sought where necessary, before the advice of the Commission is sought.
During the year, the Commission Secretariat responded positively to the government’s Enhanced Productivity Programme by redistributing duties, streamlining work procedures and enhancing office automation. As a result, two Assistant Clerical Officer and one Clerical Assistant posts were deleted. The updated organisation chart of the Secretariat is at Appendix 4.
Method of Work
Business is normally conducted through circulation of files. Meetings are held when policy issues or cases which are complex or involve important points of principle have to be discussed. Senior management from departments may also be invited to the meetings to appraise the Commission on matters of concern so that the Commission will have a better understanding of the problems faced by departments.
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During the year, the Director of Broadcasting was invited to brief the Commission on appointment, promotion and related issues in the Radio Television Hong Kong while the Deputy Director (General) of the Lands Department and the Commissioner of Correctional Services were invited to attend Commission meetings to discuss controversial disciplinary cases.
Homepage of the Commission
The Commission’s homepage can be accessed through the Government Information Centre or at the following address :
http://www.hku.hk/hkgcsb/psc
The homepage provides basic information on the Commission’s role and functions, its current Membership, the way the Commission conducts its business and the organisation of the Commission Secretariat. Our Annual Reports (from 1996 onwards) can also be viewed on the homepage and can be downloaded. Last year’s Annual Report received an average of 53 visits each month (Note 2).
Compared with 1999, the total number of recorded visits to our homepage in 2000 had increased by 62% to 5 441. This shows that more and more people are interested in our work. A monthly breakdown is appended below –
Statistics of PSC Homepage Visit Counts
700
600
500
400
No. of Hits 300
200
100
0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Index Page 1999 255 169 264 268 241 267 262 282 347 474 327 195 3 351 2000 302 248 434 457 373 272 491 412 666 580 632 574 5 441
Note 2 : Hard copies of the Annual Report are also available in public libraries and District Offices.
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PSC’s Homepage to be uploaded onto the Central Cyber Government Office
In addition, the PSC’s homepage will be uploaded onto the Central Cyber Government Office (CCGO) in January 2001. The CCGO is an intranet service developed by the Government. The PSC’s homepage there will provide an easily accessible alternate route for officers in departments and bureaux to grasp the Commission’s general views and latest thinking on procedural and policy aspects of appointment and disciplinary matters and thus, hopefully, help them with their submissions to the Commission.
V. Recruitment, Promotion and Discipline
Recruitment
Recruitment is undertaken by the Civil Service Bureau and government departments. The Commission is involved in the process through monitoring the procedural aspects and advising on vetting criteria and on recommendations for appointment.
In 2000, with the continuation of the general freeze on civil service recruitment exercises, the number of new recruits remained on the low side, with most appointed through in-service exercises. During the calendar year, the Commission advised on the filling of 240 posts in 29 ranks by recruitment. A statistical breakdown of these appointments is given below:
Recruitment 2000 Number New appointments through local press advertisements · on probation 24 · on agreement terms 4 New appointments by other means (e.g. in-service appointments, applications for long term vacancies) · on probation 2 · on secondment 1 · on transfer (between departments or grades) 209 Total 240
Comparison with figures for previous years :
Year No. of Recruitment 1998 1 152 1999 343 2000 240
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The following table shows the breakdown of qualifications held by successful candidates.
New Appointments – By Qualifications 2000
University Degree 204 (85.0%)
In-service Experience 15 (6.3%)
Membership of Professional Institute Technician 14 (5.8%) Diploma 1 (0.4%) Teaching Matriculation Certificate/Diploma in 2 (0.8%) Education 4 (1.7%)
However, during the year, exceptional approval has been given by the Civil Service Bureau and the Finance Bureau for recruitment to 56 grades, including the disciplined services grades and the Administrative Officer grade, where justification on strong operational grounds has been provided. Thus the number of new intakes is expected to rise in 2001.
The expansion of local tertiary education in recent years, the widening of opportunities for obtaining professional qualifications locally and the Government’s overseas training schemes have enabled the Administration to fill almost all vacancies by permanent residents. Indeed, since the establishment of the Hong Kong Special Administrative Region Government in 1997, departments may only recruit candidates who are not permanent residents to fill professional and technical posts if there are insufficient qualified and suitable candidates with permanent resident status, as stipulated in Article 101 of the Basic Law.
Last year the Commission advised on the filling of 1 vacancy i.e. Senior Operations Officer (Flight Operations Inspector) by a non-permanent resident. The vacancy was of a very specialised nature, for which qualified and suitable permanent residents were not available.
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Vacancies Advised for filling by Non-Permanent Residents in 2000 Department/Post 1998 1999 2000
Civil Aviation Department
Air Traffic Control Officer II 3 - - Senior Operations Officer (Flight Operations Inspector) 2 1 1
Agriculture, Fisheries & Conservation Department
Senior Veterinary Officer (Diagnostic Services) 1 - -
6 1 1
Serving overseas agreement officers in the civil service are now retained primarily on operational and specialist grounds. They can apply for transfer to local terms subject to their obtaining permanent residency status and their satisfying language and other criteria.
Special Appointments
The Government has an extremely diversified range of functions to perform. Civil servants do not always have the expertise to carry out specialised functions. These appointees do not compete with the civil servants for promotion and the continued need for their employment is reviewed regularly.
During the year, the Commission advised on the filling of 3 posts by special appointment (Note 3).
Special Appointments Referred to the Commission for Advice 2000 Post Number Department of Justice Consultant 1 Consultant, Civil Division (final extension for 1 year) 1 Radio Television Hong Kong Departmental Accountant (final extension for 6 months) 1 TOTAL 3
Comparison with figures for previous years : Year No. of Special Appointments
1998 9 1999 4 2000 3
Note 3 : Such appointments do not occupy an established post in the civil service.
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The engagement of the Consultant in the Department of Justice as Legal Adviser on Legislative Affairs was sought in 1999. His role is to assist the Secretary for Justice to work out positive and pragmatic solutions on major issues affecting the legislative process, the legislature’s position under the Basic Law and the working relationship between the executive and the legislature. In order to cope with the increasing demand for advice on legislative issues and to reflect the expanded scope of responsibilities of the Legal Adviser, a new consultancy position (upgraded from DL3 to DL4 level) was created for two years, and on the Commission’s favourable advice the incumbent was re-appointed, without recourse to a recruitment exercise, for a period of 2 years so as to provide continuity and further enhancement in this area of work.
In advising on the request for a further extension of agreement on special appointment terms of another Consultant in the Civil Division, the Commission noted that the job nature of the post had developed to become similar to that of other posts in the Division. The Commission considered that the duties should therefore be performed by regular staff. Hence, only a final one year extension was given and the department was requested to identify/train suitable staff to take over the incumbent’s duties.
Regarding the Departmental Accountant in Radio Television Hong Kong, the Commission considered that the job nature of the post had changed with the responsibilities now more akin to those performed by Treasury Accountants in other departments. Therefore, the Commission advised on a final 6 months extension to allow time for the department to fill the post by an officer from within the service.
Promotion
During the year the Commission advised on 1 077 promotions to fill vacancies in 357 ranks. These comprised 133 promotions to directorate vacancies which included 41 to the senior directorate ranks (see Appendix 5). The Commission has been particularly concerned that inconsistencies in standard of reporting do not result in an undeserving officer gaining promotion. The Commission is pleased to see that, preceding promotion boards, most departments have established assessment panels to comment on reports so as to achieve a consistent standard of reporting.
Complaints/Appeals
During the year the Commission dealt with 9 representations arising from promotion exercises. After careful and thorough examination, the Commission was satisfied that all the appeals were unsubstantiated. The Commission however advised the departments concerned that representations related to promotion exercises should be brought to the attention of the next promotion boards. The Commission also advised that the individual officers concerned should be interviewed and told why the Promotion Board arrived at the decisions pertaining to them.
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The Commission also received 8 complaints relating to other issues, such as refusal of passage over the trial or probation bar, extension of the probation bar, non-selection in an opening-up exercise and the misconduct of individual officers. Whilst all the allegations were found unproven, the departments concerned had been asked to take necessary measures in case areas where procedural lapses were identified.
Renewal/Extension of Agreement
The Commission advised on the renewal of contracts of 85 officers in 2000. They comprised 25 on overseas terms and 60 on local terms. In tendering advice, the Commission suggested that departments should remind officers on contract terms of their eligibility to apply for transfer to pensionable and permanent terms.
The Commission also advised on 81 cases of extension of agreement. These comprised 33 on overseas terms and 48 on local agreement terms.
Extension of Service/Re-employment after Retirement
The Commission advised on 10 cases of extension of service/re-employment. 3 officers were granted extension of service beyond the normal retirement age and 7 retired officers were re-employed.
Refusal/Deferment of Passage of Probation/Trial Bar
The Commission has advocated the need for a more stringent assessment of the performance of probationers/officers on trial and is pleased to note that most departments have now adopted this approach. An extension period of 12 months has also been widely adopted as the norm when departments submitted cases on extension of the probationary/trial service.
In the past year, 33 officers were granted extension of probationary/trial service and 19 officers had their respective services terminated. A statistical breakdown is given below –
Probationary/Trial Service 1999 2000
l extended for 3 months - 3
l extended for 6 months 13 9
l extended for 12 months 10 21
l extended for 2 years 1 -
l services terminated 29 19 Total 53 52
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Opening-up Arrangement
During the year the Commission advised on 27 cases under the opening-up arrangements whereby positions in promotion ranks occupied by agreement officers were opened up for competition between the incumbent officer and eligible officers one rank below. This arrangement applies to both overseas officers who are permanent residents and are seeking a further agreement on locally modelled conditions, or other agreement officers applying for a further agreement on existing terms.
Localisation - Transfer to Local Permanent and Pensionable Terms
There were 40 officers seeking transfer from local agreement/locally modelled agreement terms to pensionable terms in 2000. These comprised 32 applications for transfer from local agreement terms to pensionable terms and 8 from locally modelled agreement terms to pensionable terms.
Appendix 6 shows a breakdown of appointments, promotions by salary group and related matters advised by the Commission in 2000.
Disciplinary Cases
The Commission is responsible for advising on disciplinary cases on all Category A officers in the public service (see Note 1 on page 3) with the exception of a small number of exclusions specified in the Ordinance. Of the 94 disciplinary cases on which the Commission advised in 2000, 54% were received directly from departments or the Civil Service Bureau and 46% were referred to the Commission by the Secretariat on Civil Service Discipline which was set up on 17 April 2000 to centrally process disciplinary cases. Of all cases advised in 2000, 54% involved officers on or above Master Pay Scale 14 (or HK$19,055 a month as at the end of 2000), for which the Secretary for the Civil Service is the authority to inflict punishment. The Commission’s advice is based on the principles of equity and fairness, taking into account the nature and gravity of the misconduct involved in each case, the officer’s service record, any mitigating or aggravating factors, whether there have been court proceedings, and the level of punishment in precedent cases.
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The following tables provide analysis of penalties advised on during 2000.
Disciplinary Cases Referred to the Commission for Advice – Offences and Penalties Advised on During 2000 Category of Offences Abuse of official Others position, (accepting Crimes negligence, loss Unpunctuality, unauthorised Corruption not under of confidence, unauthorised loans, outside related columns supervisory absence, work, refuse Penalties offences Theft 1 and 2 accountability abscondment duty, etc) Total Dismissal 7 0 3 0 19 2 31 Compulsory 0 2 6 7 2 1 18 retirement Lesser penalty 0 6 8 4 12 15 45
TOTAL 7 8 17 11 33 18 94 Comparison with previous years 1998 103 1999 115 2000 94 Note : 31 of the 94 cases followed upon conviction. In 17 of the remaining 63 cases, the officers have absconded. The 94 cases include 5 in the Disciplined Services, in respect of which the Commission’s informal advice was sought.
Penalties Advised On During 2000 Breakdown by Salary Group Salary Group At or Below Master Pay Scale Master Pay Scale Master Pay Scale 14 to 33 or 34 and above or Penalties 13 or equivalent equivalent equivalent Dismissal 19 8 4
Compulsory 5 10 3 Retirement
Severe Reprimand + 6 11 1 Fine
Severe Reprimand 4 6 0
Reprimand + Fine 3 0 0
Reprimand 6 8 0 Total 43 43 8
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Analysis of Penalties Advised On During 2000
Removal from service : 52.1% (Dismissal + compulsory retirement)
Reprimand 14 (15%) Dismissal 31 (33%)
Reprimand + Fine 3 (3.2%)
Severe Reprimand 10 (10.6%) Compulsory Severe Reprimand + Retirement Fine 18 (19.1%) 18 (19.1%)
Policy aspects and review of disciplinary procedures are dealt with in Chapter VII.
VI. Civil Service Reform
The year 2000 marked the implementation of some of the proposals contained in the Consultation Document on Civil Service Reform. The Commission’s views were fully taken into account.
Civil Service New Entry System
The new entry system provides for new recruits to be appointed on probationary terms for three years, to be followed by a further agreement of three years before the offer of prevailing permanent terms is made. This was implemented in June 2000.
The Consultation Document envisaged that for operational reasons and given the work nature of some grades, variations to the general entry system would be necessary in some cases. The Commission was consulted on and advised that the offer of appointment on prevailing permanent terms directly after completion of the probationary period should be retained for the disciplined services whilst the offer of prevailing permanent terms should be given on promotion to the next higher rank in the Administrative Officer and Executive Officer grades. In addition, because of very difficult recruitment problems, the immediate offer of agreement terms to new recruits in the basic rank of Senior Operations Officer (Flight Operations Inspector) was also agreed.
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The Commission has also advised on several cases of direct appointment to supervisory ranks, namely to Assistant Commissioner of Insurance, Director of Information Technology Services, Law Officer, Chief Programme Officer and Commissioner of Inland Revenue. In these cases, the Commission was satisfied that officers in the lower rank in the department had yet to acquire the necessary experience and/or competencies for advancement.
The Commission suggested that the Administration should review the effectiveness of the new entry system after it has been implemented for some time.
Performance Management
The Commission is pleased to note the on-going efforts to tackle the problem of loose and over-generous reporting which undermines the performance management system. The Commission welcomed the guidelines on improvement to the existing performance management system issued by the Administration in June 2000 in which departments are to ensure a distribution of ratings with “effective” as the norm and to promote a wider use of assessment panels. The Commission is also pleased to note that there has been an increased application of an objective competency-based staff appraisal system in some departments as well as a wider use of assessment panels to moderate appraisal reports and a more stringent standard adopted for staff reporting.
Guidelines on Granting of Increments under CSR and the Abolition of Efficiency Bar
The Commission is pleased to note the Administration has addressed its concern over the “automatic” award of increments by the guidelines disseminated in June 2000 to call for the more vigilant application of CSRs 451 and 452 in granting annual increments. Since the grant of each increment will henceforth be the result of a conscious decision made by management after taking into account the officers’ conduct, diligence and efficient performance of duty, there is no need to retain the Efficiency Bar.
Performance-based Reward System
The Commission has noted that Civil Service Bureau will conduct a pilot scheme on team-based performance rewards in selected departments from the first half of 2001. The idea is to reward staff in the top performing teams in participating departments a bonus of about half a month’s salary.
The Commission has asked to be informed on the evaluation on the outcome of the pilot scheme. Hopefully, this will help to establish a base-line to provide additional tools to motivate and reward staff for excellent service.
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Management Initiated Retirement Scheme
The Commission was fully consulted on and supports the Management Initiated Retirement (MIR) Scheme. This should facilitate the implementation of directorate succession plans and help to ensure that the senior directorate has the requisite talent and ability. The Commission was consulted on the “compensation package” to be awarded to the retirees under the scheme and considered this to be reasonable.
The Commission noted that individual cases under the MIR scheme would first be considered by a high-level panel chaired by the Chief Secretary for Administration and welcomed the decision to seek the Commission’s advice on every individual case thereafter.
VII. Disciplinary Policy and Procedures
In view of continuous changing circumstances, disciplinary policy and procedures continued to be a major area of concern to the Commission. The Commission is pleased to note the progress on some of the observations it made over the years.
A noteworthy development during the year is the establishment of the Secretariat on Civil Service Discipline, tasked to centrally process formal disciplinary cases initiated by departments before their submission to the Commission. This approach should encourage departments in initiating formal disciplinary action in cases which deserve to be pursued, facilitate a prompt processing of cases and enhance consistency in recommendations on the level of punishment.
The main observations and recommendations made by the Commission in the past year are described in the paragraphs below.
Criteria for dismissal
The Commission fully supports the Administration’s determination to maintain public confidence in the civil service. To achieve this there should be no hesitation in removing any officer from the service if he commits a very serious misconduct rendering him unsuitable to perform public duties. However, the mode of removal, namely by way of compulsory retirement or dismissal, requires very careful deliberation because the latter would result in a total forfeiture of pension benefits. Compulsory retirement resulting in the loss of employment and related benefits is already, in itself, a very heavy punishment. The officer’s overall track record and length of service are factors which must be taken into account. The Commission’s views are that pension should not be forfeited lightly because, subject to a continuous satisfactory level of performance, an officer can rightfully expect to have earned his pension. There is a need to review the criteria for dismissal vis-à-vis the provisions in the Pension Benefits Ordinance, both in terms of public expectations of the conduct and behavior of civil servants as well as practices in the private sector.
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Working Group on the level of punishment
During the year the Commission Secretariat has held several brainstorming sessions with Civil Service Bureau on policy pertaining to the appropriate level of punishment, including dismissal vis-à-vis compulsory retirement. The Commission will set up a working group to pursue this review. Members of the Commission, together with representatives from Civil Service Bureau, have agreed to join this working group. The provisions of the Pension Benefits Ordinance will be taken into account in this review.
Referral System from ICAC/Police on pensioners involved in offences that may result in cancellation/reduction/suspension of pension
The Commission noted from a press report that a retired officer was convicted of corruption, and that the Department concerned had not been notified of the court case so as to enable management to consider whether there were grounds to recommend to the Secretary for the Civil Service to take follow up action on the reduction/ suspension/ cancellation of pension as provided for in the Pensions Ordinance and the Pension Benefits Ordinance. The Civil Service Bureau has been requested to set up a referral system whereby the ICAC/Police would inform Heads of Department/Grade of such cases involving pensioners.
Remind Heads of Department to inform the Director of Accounting Services if an officer is compulsorily retired due to unauthorised absence
The Commission notes that unauthorised absence remains the most common mode of misconduct. Since the total period of absence is not counted as pensionable service for the purpose of granting pension, the Commission has suggested that Heads of Department should be reminded to notify the Director of Accounting Services on details of unauthorised absence during an officer’s service at the time he retires, regardless of whether it is a normal retirement or a compulsory retirement, so that the correct amount of pension is calculated/payable. This should be reflected in the Procedural Manual on Discipline.
Action guidelines on breaching housing benefits rules
The Commission considered that breaches of housing benefits rules were far too leniently handled by the Administration. For example, some officers were only warned, or simply required to repay the over claimed amount without interest. The Civil Service Bureau was requested to review the mechanism on monitoring housing benefits and has since promulgated action guidelines to help departments decide on the appropriate course of action in cases involving breaches of housing benefits rules. The Commission has also reminded Civil Service Bureau to ensure that disciplinary action is pursued in cases which involved more than technical abuses of housing benefit rules.
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Referral to professional organisations
The Commission has come across some disciplinary cases which involved the misconduct of professionals. The Commission considers that the more serious cases which could affect the wider public interest should be referred to the respective professional bodies for information or any further action deemed to be appropriate. For example, an officer taking unauthorised leave in mainland China sent his brother in Hong Kong to consult a doctor, alleging to be sick and misrepresenting to be the staff himself, and obtained two days’ sick leave, including one day being backdated. The Commission considered that there was a need to refer the case to the Medical Council for investigation on the doctor’s lax attitude in recommending sick leave.
Contact with the Inquiry Officer or the Inquiry Committee
In a formal disciplinary inquiry, an accused officer had repeatedly contacted the Inquiry Officer before and after the hearing. The Commission considers that any such contact, other than at the formal hearing, is inappropriate since the accused officer should not be supposed to disturb or place undue influence on the Inquiry Officer. He may present his case in the formal hearing or make representations as invited at certain stages of the disciplinary proceedings, which are documented. At the Commission’s behest, the Civil Service Bureau and departmental management has been instructed to brief the accused officers at the outset not to correspond direct with the Inquiry Officer or the Inquiry Committee other than at the hearing. Legal advice has also been obtained that it is in order to issue cautionary notes to the accused officers. An accused officer’s right to seek information will not be deprived of since there is an established practice to designate an officer as the accused officer’s contact person.
Oversight of supervisory accountability
Supervisory accountability is one of the areas which may be easily overlooked when dealing with a disciplinary case. For example, in a department five officers had been removed from service due to their exceedingly large number of hours of unauthorised absence. They all worked under the same supervisor. The department, while taking action against the defaulters, had overlooked the supervisor’s accountability. The Commission has suggested that the department should carefully examine whether there are grounds to initiate disciplinary action against the supervisor.
Interdiction
The Commission finds that interdiction is still not being properly administered in certain cases. Interdiction should only be effected if it is no longer appropriate for the officer concerned to perform his normal duties and there are no alternative posts to accommodate him. Moreover, interdiction should always be for the shortest possible duration. For example, in one such case, the Commission considered it unreasonable that a clerical officer was interdicted with pay for her misconduct of unauthorised absence. She should and could have been assigned other duties. To forestall the recurrence of such mismanagement, the Commission suggests that the approving authority should seek the support from the Director of General Grades for staff under his control before approving an interdiction.
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VIII. General Observations by the Commission on Departments’ Overall Performance
During the year, the Commission continued to maintain a close tie with departments to exchange views on human resource management practices and problems. The Chairman participated ni major and difficult selection and promotion exercises, and Members of the Commission also attended such board meetings as observers on a selective basis. In a bid to adopt a more proactive and interactive approach, the Chairman decided to visit all departments to discuss specific departmental issues as well as disciplinary matters and other subjects of common concern. During the year, the Chairman has visited 32 departments. These visits have been well received by Heads of Department.
Whilst the Commission very much appreciates the on-going efforts made by departments to improve their human resource management practices and in upgrading the quality of their submissions, some mistakes have still been identified. The following paragraphs give an account of major shortcomings and the improvement measures proposed by the Commission during the past year. Some of these observations have been reflected in previous annual reports.
Promotion
Delay in convening promotion boards, reviewing acting appointments and submitting board reports
Despite repeated observations by the Commission, there are still cases of delay in convening promotion boards and in conducting proper reviews on acting appointments. Such delays are not conducive to good human resource management, and have resulted in promotion boards having to rely on rather outdated appraisals, thus making their work more difficult. In some cases, annual promotion boards were not held despite the availability of vacancies. Long term acting appointments were thus not reviewed. The Commission urges departments to convene the promotion boards earlier, preferably within three months after the end of the annual appraisal cycle. A reasonable time frame should also be set for submitting the recommendations to the Commission for advice.
Leakage of promotion board recommendations
In a few cases, recommendations of the promotion boards had been leaked out resulting in representations or complaints being received from non-recommendees before the board reports were even received by the Commission. Departments should ensure strict confidentiality of promotion recommendations prior to their promulgation.
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Quality of promotion board report
Some of the board assessments on the non-selected officers are rather flimsy and uninformative or confined to a factual account of their performance ratings. For example, in one case, the board report simply remarked that it did not recommend an officer because the write-up in his staff reports were too thin to justify some high ratings. The board should explain why the high ratings were unacceptable. Sometimes the comparison of merits is arithmetically based or the Board has over-emphasized the marginal differences in performance ratings. Promotion board reports should contain an analysis of individual officers’ character, experience, ability, strengths, weaknesses and attributes required for the higher rank, and a comparison of merits on close contenders.
Imposition of service criterion
It is a common practice for promotion boards to impose a service criterion to shortlist candidates for detailed consideration. The Commission is concerned that some departments are too restrictive in their application of this shortlisting criterion. For instance, in an extreme case, though there were only a dozen officers serving in the rank where the possession of a higher qualification is a pre-requisite for promotion, the board still applied a service criterion resulting in only one candidate being eligible for consideration. In another case, the board excluded an officer who fell short of the service criterion by only a few days. Departments have been advised to be sensible and more flexible in imposing a service criterion.
Non-implementation of promotion board’s recommendations
There are cases that the recommendations of the promotion boards on acting appointments are not implemented in good time due to difficulties in arranging postings on operational grounds. The Commission is of the view that departmental/grade management should ensure prompt implementation of the approved recommendations, and non-recommended officers should not be appointed to act ahead of the recommendees to avoid undue advantage being conferred on the former. Career interests of the selected officers and operational expediency have to be finely balanced in order not to jeopardize their career development.
Priority in acting appointments
Some departments have put up recommendations on acting appointments for administrative convenience in order of priority. The Commission’s view is that where there are sufficient vacancies, there is no need to accord priority to the recommendees. Nor should the same priority be adopted to discontinue acting appointments at a later date. The latter should be based on the performance of the officers acting up and having regard to operational needs.
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Fair chance for acting appointments
In advising on the continuous acting appointments of some officers, the Commission considers that if one has already been given adequate opportunities to demonstrate his worth but still fails to measure up to the requirements of the higher rank, he should give way to other deserving officers.
Combination of promotion and opening-up exercises
The Commission noted a case in which an agreement officer serving in the promotion rank, on his application for renewal of agreement, was not selected in an opening-up exercise. Several months later, the department conducted a promotion exercise in which more than 10 vacancies were available for promotion/acting for administrative convenience. Given the vacancy position of the promotion rank in question, the agreement officer could have had his agreement renewed while the meritorious officer selected to replace him could have been promoted to a normal vacancy had the opening-up exercise and the promotion exercise been combined. The Commission’s view is that where there are both normal and potential vacancies to be filled, the promotion and opening-up exercises should be combined to ensure that the claims of officers on agreement terms are considered fairly.
Management of probationers or officers on trial
In vetting cases of extension/termination of probationary/trial service, the Commission acknowledges that a more stringent standard and cautious approach have been generally adopted by the departmental/ grade management in the past year, in particular for officers in the general grades. Nevertheless, the following common issues of concern in managing probationers/officers on trial are worth mentioning:
Delay in completion of appraisals
In one case, the first three probationary reports were all completed at the end of the third appraisal period when the probation is near its end. Such delays have defeated the purpose of the probation system and have denied the probationers the opportunity to make improvement.
Over-leniency and generous reporting
Some supervisors are too lenient with probationers/officers on trial and award them very effective reports, particularly when reporting on the officers towards the end of the probationary period even though there are still significant weaknesses in their performance and working attitude. It is important that appraising officers should make honest and accurate assessments on probationers/officers on trial and ensure that only those proven to be suitable in both conduct and performance are confirmed to the permanent establishment.
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Issue of advisory letters and calling of quarterly appraisals
In some cases, no formal advisory letters have been issued on the substandard performance of probationers/officers on trial, and no quarterly appraisals were called to monitor their performance. Such action is necessary to provide formal and prompt advice to substandard performers on their deficiencies.
Misconduct by probationers/officers on trial
The Commission considers that a very serious view should be taken on misconduct committed by officers on probation/trial and that they should not be allowed to remain in the grade save in very exceptional circumstances. Departments should take prompt action to consider whether such officers merit retention, taking into account the nature of the misconduct and their performance records at the time when the misconduct is discovered without waiting till the end of the probation/trial period. If it is decided that an officer deserves to be given a chance to stay on, apart from the disciplinary punishment awarded, he should be told categorically that he has to make additional efforts and put up a high standard of performance to gain confirmation.
Discipline
Broad guidelines on punishment for motor drivers convicted of traffic offences
The Commission is concerned about the inconsistent as well as lenient level of punishment awarded to Motor Drivers who have been convicted of traffic offences. This largely arises from the lack of consultation between the departments where the drivers serve and the Government Land Transport Agency (GLTA) (the Head of Grade for Motor Drivers). Under existing arrangements departments need only consult the GLTA if formal disciplinary proceedings have been invoked on a Motor Driver. In most cases, a Motor Driver may only be issued a warning or even advised verbally for, say, the conviction of careless driving. Such informal action is considered too lenient. The GLTA has agreed that there is a problem of different standards being adopted in different departments and a need to tighten up discipline in the grade. The Commission has suggested that the Civil Service Bureau and the GLTA should jointly review and promulgate some broad guidelines so as to ensure that the level of punishment is appropriate and consistent for similar types of driving offence.
IX. Public Service Commission Recommendations
The Commission maintains a continuing interest in the practices and procedures pertaining to appointments and promotions, and reviews them closely. During 2000, the Commission continued to contribute actively in various subject areas by suggesting a number of initiatives, which have been adopted or are being actively considered by the Administration. The major recommendations are described in the paragraphs that follow.
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Extension of probation/trial period without financial loss
The Commission has come across cases whereby an officer’s probationary/trial period had been extended by some departments without financial loss, even though they had failed to demonstrate suitability for confirmation. The extension of probationary/trial period should only be granted if there are adequate reasons to further test the officers who are assessed to have potential to make the grade. In such cases an increment should not be granted since the officer has yet to reach the level of proficiency expected. To forestall abuse of the system, the Commission has proposed that its advice should be sought on the extension of probationary/trial periods in all cases i.e. irrespective of whether or not this should be with financial loss.
Curtailment of probationary service upon promotion
Currently on the occasion when an officer is promoted while on probation, he is required to serve out the remainder of the probationary period. The Commission considers that such an officer must have demonstrated outstanding attributes in all respects to deserve an accelerated promotion; as such, there should not be any further doubts on his suitability for passage of the probation bar. He should be confirmed to the grade upon promotion.
Demotion as a performance management measure
The Commission has suggested that Civil Service Bureau should explore the possibility of introducing “demotion” as an additional performance management tool in view of the limitations in the existing measures to tackle sub-standard performers. For instance, stoppage and deferment of increment have no impact on those officers who have reached the maximum pay point; some officers’ performance may not be so bad as to warrant compulsory retirement in the public interest but still falls short of the requirement of the rank. The Commission recognises that there may be practical difficulties in accommodating “demotees”. Taking into account the various initiatives introduced under the Civil Service Reform to improve the performance management system, the Commission will observe the effectiveness of the new measures before revisiting the idea.
Review of staff appraisal forms
Quite a number of professional grades are still using the old performance appraisal form. For better performance management, the Commission has requested these departments to revise the forms and adopt a core competency-based approach for performance appraisals. The levels of grading for individual aspects of performance should be expanded from 4 to 6 if there is a 6-tier scale on overall performance.
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Review of opening-up arrangement
At present, officers in promotion rank seeking renewal of local agreement are subject to an opening-up exercise, whereby they have to compete for the post with applicants from the lower rank. Given that during the year, the incumbent officers in all but one such exercise were selected, the Commission doubts the need for such an arrangement to continue. If an officer does not measure up to requirements, his agreement should not be renewed; the vacancy could then be filled by promotion. The Civil Service Bureau agreed that there is a case to streamline procedures.
Potential for further development of probationers and agreement officers
In advising on several cases relating to deferment of passage over the probation bar, renewal of agreements and transfer to permanent terms for agreement officers, the Commission suggests that officers, especially those belonging to relatively senior grades, e.g. Government Counsel and Treasury Accountant, should be required to demonstrate potential to progress in the grade in addition to proving their competence in the basic rank before they could be allowed to pass over the probation bar or granted renewal of agreement/transfer to permanent terms. In this connection, the Department of Justice has taken on board the Commission’s views regarding the Government Counsel grade, while the Director of Accounting Services has been invited to review the requirements of the Treasury Accountant grade.
Streaming arrangements in the Programme Officer grade
There are some 20 informal streams in the Programme Officer grade in the Radio Television Hong Kong, and cross-stream postings and promotions below the rank of Chief Programme Officer have been rare due to the difference in job requirements of these streams. The Commission observed that the large number of informal streams would unnecessarily restrict the exposure of staff and their promotion prospects. There would also be a problem of a lack of broad management outlook as officers progress up to more senior positions. To allow for greater flexibility in staff deployment and better career development, the Commission has asked the department to consider the feasibility of merging some streams.
Assessment by Heads of Grade
Performance appraisal reports of some departmental grades in the Food and Environmental Hygiene Department and the Leisure and Cultural Services Department are reviewed by officers who are not members of the departmental grades. To ensure that the reports are reviewed and moderated by an officer who has good knowledge of the work and standard required of the grade, the Commission has suggested that the Section of “Head of Grade’s Assessment” should be completed by a senior member of the same grade.
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Replacement of officers on overseas agreement terms (OAT)
Overseas agreements are normally renewed if there is a lack of qualified and suitable local replacements. While agreeing to this broad principle, the Commission considers that the Administration must ensure that it is fairly applied. A local officer in the lower rank may be deemed “ready” to replace the OAT officer if he is given at least an acting appointment with a view to substantive appointment. This means that an officer is capable of handling responsibilities at the higher rank and will earn a promotion given the opportunity to do the job, since, at most, there would only be one or two aspects on which the officer needs to demonstrate his aptitude. Indeed, in many cases, the officer may not have had opportunity to perform in these areas in his substantive rank.
X. Case Studies
During the year, there were some submissions that raised controversial points on policy and procedures. Three of these cases are highlighted: the Commission hopes that these cases will be of interest and help to departments in their quest to enhance human resource management practices.
Case A – Deferment of promotion/demotion
Background
A departmental promotion board recommended 13 officers for substantive promotion to the next higher rank. The Commission advised that the promotion of one of the officers should be held in abeyance because, whilst the exercise was being processed, he was being investigated by the Police in connection with a criminal case. Subsequently, the department informed the Commission that the Police investigations concluded that there was insufficient evidence to support the laying of charges against the officer and recommended that his promotion be effected. The Commission advised favourably.
Developments
The Commission later found that the Board of Enquiry, which was set up by the department to look into matters pertaining to the same incident, recommended that the officer should be disciplined for a number of inadequacies. The Board of Enquiry’s findings were reached well before the Commission’s agreement was sought on the promulgation of the promotion of the officer in question. The Commission was of the view that had it been informed of the intended disciplinary proceedings against the officer, it would not have advised that he be promoted. The Commission therefore requested the Civil Service Bureau to take action to rectify the unjustified promotion as the advice it tendered was based on incomplete and incorrect information pertaining to the officer’s character and competence.
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The department acknowledged that management was fully aware of the Board of Enquiry’s findings in respect of the officer when recommending him for promotion. The department did not then inform the Commission of the relevant findings because it took the erroneous view that the intended disciplinary action against the officer should not form part of the considerations in the promotion exercise.
Conclusion
Both the Commission and Civil Service Bureau considered that the department had not handled the case properly but were satisfied that there was no willful intent, on the part of the department, in withholding relevant information from the Commission. Legal advice was that there were no valid grounds to rescind the officer’s promotion since the Head of Department had exercised his authority in full knowledge of the facts.
Civil Service Bureau has expressed strong reservations in revoking promotions after formal promulgation because this had wide implications on the entire promotion system. Whilst the Commission accepts that there are practical constraints in revoking a promotion after formal promulgation, there is no reason why disciplinary action should not be pursued. In this respect, “demotion” could be considered as a form of punishment.
The Commission also believes that it must be incumbent on departments to carefully check whether an officer recommended for promotion is subject to any form of investigation before promotions are promulgated. If so, the officer’s claims should be held in abeyance.
Note : Disciplinary proceedings are now in hand regarding this case. Civil Service Bureau has also been requested to consider the issue of guidelines to deal with cases of this type.
Case B - Promotion/Acting – vs – operational requirements
Background
In a promotion exercise, a junior but meritorious officer was identified as a flyer deserving priority for acting. On the advice of the Commission, she was waitlisted for an acting appointment.
Developments
When a vacancy became available, the user department requested, and the Head of Grade agreed, that the officer be retained in that post for another 18 months for operational reasons, i.e. because of other staff changes caused by the imminent retirement of her supervisor. Civil Service Bureau indicated consent.
The Commission disagreed because this approach would have nullified the Promotion Board’s recommendation. Most importantly, it was totally unfair to the officer. As the planned retirement of the officer’s supervisor was known in advance, the proposal also reflected poorly on the grade management’s role in staff deployment which called for good forward scheduling and striking a balance between career development of officers and operational needs.
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The Commission wrote to the Civil Service Bureau and the Head of Grade concerned and raised a strong objection to the proposal. Subsequently the officer was released to take up an acting appointment.
Conclusion
The Commission emphasized that a Promotion Board should only focus on the merits and potential of candidates and not be influenced by any anticipated problems in staff postings, or other operational constraints which are clearly the responsibility of grade management. Unless there are exceptional circumstances, the recommendations of a Promotion Board which have been endorsed should be implemented.
Case C - Undue delays in processing extension of probationary service
Background
A probationer had misconducted himself and was accordingly given a written warning. Taking into account all relevant factors, including the probationer’s satisfactory record of performance and the nature of the misconduct, the department considered that the probationer was still generally suitable to remain in service but recommended that his probationary period should be extended for twelve months with financial loss (i.e. loss of increment).
Problems identified
There have been great delays by the department in processing the case. Its recommendation for a twelve-month extension was only submitted to the Commission six months after expiry of the probationary period. The department took another two months to reply to the Commission Secretariat’s queries despite repeated reminders, resulting in a total of eight months’ delay. Serious delays were also found in completing the probationary reports on the officer concerned. Notwithstanding the departmental recommendation to extend the officer’s probationary period with financial loss, no action was taken to stop the probationer’s increment on the due date. The department is still exploring the possibility of clawing back the increment erroneously granted.
Conclusion
Having examined the information provided by the department, the Commission has advised favourably on the departmental recommendation to extend the officer’s probationary period for twelve months with financial loss.
The Commission remains concerned with the undue delays in processing cases of termination/extension of probationary/trial service. Such delays reflect poorly on the management and are unfair to the probationers/officers on trial because they do not know where they stand.
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The Commission has advocated that timely report writing is of paramount importance in particular for officers on probation/trial. Their performance needs to be closely monitored during the probationary/trial period so that they can be warned of any weaknesses/shortcomings and given assistance and guidance for early improvement.
The Commission has asked the department to tighten up its management of officers on probation/trial and to ensure that proper procedures and guidelines are established so that future cases are processed in good time. The department was also requested to establish proper procedures for withholding the grant of increments for cases involving a deferment of the passage over the probation/trial bar with financial loss.
XI. Visits and Events
The Commission visited the new Secretariat on Civil Service Discipline in October 2000 and was briefed on its role and functions, the disciplinary proceedings, improvements to be achieved under the new centralized disciplinary system and how it considered the appropriate level of punishment.
The Commission continued to maintain close ties with relevant overseas organisations/ commissions. During the period covered by this Report, Mr Eddie Teo, Permanent Secretary from the Prime Minister’s Office of Singapore visited the Commission. He was briefed on the role and functions of the Commission. Topics of mutual interests were discussed and views exchanged.
The Honourable Anson Chan, Chief Secretary for Administration, hosted a dinner for Commission Members to mark the 50th Anniversary of the Commission. She paid tribute to the Commission for its tremendous input and invaluable advice to the Administration over the years.
XII. Acknowledgements
The Commission much appreciates the continuing support and assistance received from the Secretary for the Civil Service and his staff in all areas of our work and the co-operation and assistance provided by Heads of Department and their senior staff in responding to the Commission’s queries and suggestions during the past year.
The Chairman and Members of the Commission also wish to place on record their appreciation of the Secretary, Mrs Lena CHAN and her diligent staff for their contribution and dedicated support. They have continued to work most efficiently in maintaining a very high standard in vetting departmental submissions.
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Appendix 1
Remit of the Public Service Commission
The Commission’s fundamental remit is to deal with appointments and promotions to the senior ranks of the public service i.e. posts with a maximum salary on or above point 26 on the Government’s Master Pay Scale (or H.K. $33,705 a month at the end of 2000). These posts include Directors of Bureau, Heads of Department and officers of similar status.
As stipulated in the Public Service Commission Ordinance, appointments to the posts of Chief Secretary for Administration, Financial Secretary, Secretary for Justice, the Director of Audit as well as posts in the Judiciary, the Hong Kong Police Force and the Independent Commission Against Corruption fall outside the purview of the Commission.
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Appendix 2
Submissions with Revised Recommendations after the Commission Secretariat’s Observations
Submissions with Recommendations Revised following PSC Secretariat’s Observations – 2000 Category Renew of Agreement/ Discipline Others* Number of Recruitment Promotion Extension of Service Submissions advised 94 458 177 94 246 on
(a) Submissions 14 216 109 27 64 queried
(b) Submissions with 5 144 0 23 9 revised recommendations following query (b) / (a) 36% 67% 0% 85% 14%
Comparison with Previous Years
Year 1998 1999 2000
Total No. of submissions advised on 2 348 1 441 1 069 #
(a) Submissions queried 369 419 430
(b) Submissions with revised 166 165 181 recommendations following query (b) / (a) 45% 39% 42%
* Submissions on acting appointments, passage of bar, opening-up, revision of terms and Guides to Appointment, etc.
# The reduction in the total number of submissions advised on was attributable to – (a) the decrease in the number of appointments and promotions due to the continuation of general freeze of civil service recruitment for the year 2000-01, reduced wastage and review of establishment in some departments as part of the Enhanced Productivity Programme; and (b) the drop in the number of officers seeking transfer from local agreement/locally modelled agreement terms to pensionable terms.
However, the workload of the Commission has not diminished as fewer vacancies in promotion exercises have meant that the promotion exercises have become even more competitive and, hence, required more time to process. Moreover, the on-going review of disciplinary policy and procedures have necessitated re-consideration on the appropriate level of punishment.
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Appendix 3
Biographies of the Chairman and Members of Public Service Commission
Mr Haider Barma, JP Chairman, Public Service Commission (appointed on 1 August 1996) Occupation : Chairman, Public Service Commission Qualification : B.A., HKU
Mr Barma has been a career civil servant. He joined the Administrative Service in August 1966. Senior positions held prior to retirement include Deputy Secretary for the Civil Service (Appointments) (1986 - 1988), Director of Regional Services (1988 - 1991), Director of Urban Services (1991 - 1993) and Secretary for Transport (1993 - 1996).
Mr David Gregory Jeaffreson, JP Member, Public Service Commission (appointed on 1 February 1992) Occupation : Deputy Chairman, Big Island Construction (HK) Ltd. Qualification : MA Cambridge University, England
Mr Jeaffreson had extensive experience in the civil service, having served for thirty years in a number of senior posts in the former Commerce and Industry Department, Finance Branch and Economic Services Branch. His last posting was Secretary for Security (1982 - 1988) before his secondment to the ICAC (1988 - 1991) as Commissioner.
Mr Christopher CHENG Wai-chee, JP Member, Public Service Commission (appointed on 15 July 1993) Occupation : Chairman of Wing Tai Corporation Ltd. & USI Holdings Limited Qualification : BBA, MBA
Mr Cheng is a Member of the Council of the University of Hong Kong, the Court of the Hong Kong University of Science and Technology, the Town Planning Board and the Deputy Chairman of the Hong Kong General Chamber of Commerce.
Dr Thomas LEUNG Kwok-fai, JP Member, Public Service Commission (appointed on 1 May 1994) Occupation : Chairman of Vision in Business Consulting Ltd. Qualification : Ph. D.
Dr Leung is the Vice-Chairman of the Council of the Hong Kong Institute of Education, Member of the Council of the Hong Kong University of Science and Technology and the Hong Kong Baptist University. He also serves as a member of the Barrister Disciplinary Tribunal and the Independent Commission on Remuneration for the Members of the Executive Council and the Legislature of the Hong Kong Special Administrative Region.
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Mrs NG YEOH Saw-kheng, JP Member, Public Service Commission (appointed on 1 June 1995) Occupation : Director of several private companies in Hong Kong Qualification : MBBS (University of Singapore)
Mrs Ng is a Member of the Queen Elizabeth Hospital Governing Committee, the Diocesan Girls’ School School Council and the Advisory Committee on Post-retirement Employment.
Ms Bebe CHU Pui-ying, JP Member, Public Service Commission (appointed on 1 December 1995) Occupation : Solicitor with Stevenson, Wong & Co. Qualification : LL.B.(HKU), P.C.LL.(HKU)
Ms Chu serves on the Board of Directors of the Surviving Spouses’ and Children’s Pensions Scheme. She is also Chairman of the Family Law Committee of the Law Society of Hong Kong and a Member of the Equal Opportunities Commission.
Mr Vincent CHOW Wing-shing, JP Member, Public Service Commission (appointed on 1 February 1998) Occupation : Director & Group General Manager, Chow Sang Sang Holdings International Ltd. Qualification : B.S., M.S.
Mr Chow is a member of the Council of the City University of Hong Kong, and Chairman of the Academic Affairs Committee of the Council of the Hong Kong Academy for Performing Arts. He serves on the General Committee of the Hong Kong Philarmonic Orchestra, on the Tourism Strategy Group and as the Chairman of the Hong Kong Repertory Theatre Ltd..
Mr Frank PONG Fai, JP Member, Public Service Commission (appointed on 1 February 1998) Occupation : Executive Director, Shiu Wing Steel Ltd. Qualification : B.Sc., Fellow Member, HKIE, Fellow Member, the Chartered Institute of Transport in Hong Kong
Mr Pong is a Member of the Court of the Hong Kong Polytechnic University and the Solicitors Disciplinary Tribunal.
Dr Elizabeth SHING Shiu-ching, JP Member, Public Service Commission (appointed on 1 June 1999) Occupation : Director-General, Hong Kong Management Association Qualification : BA(Hons), MBA, DBA, FIM
Dr Shing is a Member of the Board of Education and the Electoral Affairs Commission.
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Appendix 4
Organisation of the Public Service Commission Secretariat
Members Chairman
Personal Assistant
Secretary (SPEO)
Personal Secretary I
Processing Units Processing and Administration Unit
Dep. Secretary 1 Dep. Secretary 2 (CEO) (CEO) Dep. Secretary 3 (CEO)
Personal Secretary II Administration Unit
Asst. Secretary 1 SEO 1 SEO 1 SEO 1 SEO (EOI) 1 SCO 1 SCO 1 SCO 1 SCO
1 CO 1 ACO 3 COs 3 COs 3 CAs 1 ACO 1 ACO 2 OAs 1 Personal Chauffeur 1 Motor Driver
Legend Establishment
SPEO - Senior Principal Executive Officer Directorate Executive Officer 1 CEO - Chief Executive Officer Executive Officer Grade 8 SEO - Senior Executive Officer Clerical Officer Grade 19 EOI - Executive Officer I Secretarial Grade 3 SCO - Senior Clerical Officer Chauffeur/Driver Grade 2 CO - Clerical Officer 33 ACO - Assistant Clerical Officer CA - Clerical Assistant OA - Office Assistant
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Appendix 5
Promotions/Appointments to the Senior Directorate (D3 & above) in 2000
Filling of Vacancies in Senior Directorate Advised by PSC Breakdown by Pay Scale Directorate Ranking Pay Scale No. of Vacancies D8 1 D6/DL6 8 D5 3 D4/DL4/C4 11 D3/DL3/C3 35 Total 58 #
# Of the 58 vacancies, 41 were filled by promotion, 5 by acting appointments with a view for promotion, 9 by acting for administrative convenience, 1 through opening-up arrangement, 1 by appointment and 1 by the posting of Administrative Officer.
Promotions/Appointments to Heads of Department Advised by PSC Directorate Post Title Ranking Pay Scale Director of Highways D6 Director of Civil Engineering D5 Director of Electrical & Mechanical D5 Services Director of Government Supplies * D5 Director of Fire Services C4 Official Receiver DL4 Secretary General, University Grants D4 Committee * Appointment from outside the departmental grade.
Legend
C General Disciplined Services (Commander) Ranks D Directorate Group DL Directorate (Legal) Group
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Appendix 6
Breakdown of Appointments, Promotions (by salary group) and Related Matters in 2000
Filing of Vacancies Advised by PSC Breakdown by Salary Group 2000
Salary Group Master Pay Master Pay General Vacancies Scale Scale Disciplined Filled by Points 26-44 Points 45-49 Directorate Services Pay Scale
Appointments after 1 1 1 25 local advertisement Appointments by other 198 - 1 13 means (e.g. in-service appointments, applications for long term vacancies) Overseas recruitment - 1 - - Promotion 681 122 133 141 Renewal/Extension of 151 8 7 - agreement Extension of service/ 4 - 5 1 re-employment Opening-up 5 15 5 2 arrangement Secondment - - 1 - Sub-total 1 040 147 153 182
Total No. of Vacancies Involved * 1 522
Comparison with figures for previous years : No. of Year No. of vacancies No. of vacancies vacancies advised to be advised for filling Percentage of referred to PSC filled locally by non-PR such vacancies 1998 3 721 3 715 6 0.2% 1999 2 070 2 069 1 0.05% 2000 1 522 1 521 1 0.07%
* in a total of 1 069 submissions
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Other Appointment-related Matters in 2000
Other appointment-related matters referred to the Commission for advice during 2000 are set out as follows :
No. of ranks Guides to appointment 33
No. of cases Representations from individuals 17
No. of officers Probation bar 43 Extension/Refusal of Passage over Trial bar 9 Efficiency bar 4
Revision of terms: (Transfer from local agreement terms to pensionable terms) 32 (Transfer from overseas agreement terms to locally modelled 1 agreement terms) (Transfer from locally modelled agreement terms to 8 pensionable terms)
Government Scholarship/Training Scheme 50
Promotion waiting list 48
Acting with a singling out effect 11
Acting for administrative convenience 2 063
Acting with a view to substantive promotion 163
Acting with a view to substantive promotion waiting list 11
Total 2 443
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