### Public Service Commission Ordinance 《公務員敍用委員會條例》

6. Functions of Commission
(1) The Commission shall advise the Chief Executive regarding— (Amended 63 of 1999 s. 3)
(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 may be prescribed;
(c) such representations from an officer as may be referred to it by the Chief Executive or made to the Commission in accordance with government regulations; (Replaced 27 of 1974 s. 5. Amended 63 of 1999 s. 3)
(d) any matter affecting the public service which may be prescribed by regulation made hereunder or which the Chief Executive may refer to the Commission; (Amended 15 of 1979 s. 6)
(e) any matter affecting the conduct and discipline of public officers on which the Chief Executive is required by Public Service (Administration) Order to consult the Commission. (Added 15 of 1979 s. 6. Amended 63 of 1999 s. 3)
(2) Nothing in this section shall apply to the following offices, classes of office or appointments—
(a) the Chief Executive, or the offices of the Chief Secretary for Administration, the Financial Secretary and the Secretary for Justice, or any member of the Chief Executive’s personal staff; (Amended 27 of 1974 s. 5; 68 of 1975 s. 2; 63 of 1999 s. 3)
(b) any judicial office; (Replaced 65 of 1975 s. 16)
(c) the Chairman or any member of the Commission;
(d) any office or rank in the police force; (Amended 2 of 2012 s. 3)
(e) any office specified in the First Schedule. (Replaced 68 of 1975 s. 2)
(2A) Where a person employed in the public service carries out duties for a body specified in column 2 of the Third Schedule has been invited to opt to take up employment with that body or to remain a public servant and the person either—
(a) opts to remain a public servant; or
(b) fails to make any election on or before the date specified in column 3 opposite that body,
subsection (1)(a) to (d) does not apply to his employment. (Added 69 of 1992 s. 2)
(3) The Legislative Council may by resolution amend the First or Third Schedule. (Added 68 of 1975 s. 2. Amended 69 of 1992 s. 2)

### Public Service Commission Ordinance 《公務員敍用委員會條例》

7. Remuneration of the Chairman and members
(1)  The Chairman and members of the Commission shall be entitled to such remuneration and allowances as may from time to time be voted by the Legislative Council:
Provided that in the event of a temporary appointment under section 3(5) such appointee shall be entitled to such remuneration and allowances as the Chief Executive may approve not exceeding the scale of remuneration and allowances which would have been applicable had the appointment been made under section 3(1). (Amended 27 of 1974 s. 6) 
(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 the Public Service (Administration) Order or to government regulations.
(Amended 63 of 1999 s. 3)

8. Oath of Chairman and members
The Chairman and members of the Commission shall on first appointment, whether appointed under section 3(1) or (5), take an oath or make an affirmation, each according to his conscience, in the form in the Second Schedule, which shall be administered by a judge of the Court of First Instance.
(Amended 34 of 1968 s. 3; 27 of 1974 s. 6; 68 of 1975 s. 3; 63 of 1999 s. 3)

9. Offence of giving false information to Commission
Any person who in connexion with an application by any person for employment or promotion in the public service or with any matter upon which it is the duty of the Commission to advise the Chief Executive under this Ordinance, wilfully gives to the Commission or to the Chairman or a member thereof or to any person or body of persons appointed by any regulation to assist the Commission in the exercise of its functions or the discharge of its duties, any information which is false by reason of the falsity of, or by reason of the omission of, a material particular, shall be guilty of an offence and shall be liable to a fine at level 1 and imprisonment for 2 years.
(Amended 32 of 1961 s. 3; 63 of 1999 s. 3; E.R. 1 of 2021)

### Public Service Commission Ordinance 《公務員敍用委員會條例》

10. Reports and statements or other communications of Commission privileged
Any report, statement or other communication which the Commission may in the exercise of its functions or the discharge of its duties hereunder make to the Government of Hong Kong or to the Chief Executive or to the Chief Secretary for Administration or to the head of a department of Government shall be privileged in that its production may not be compelled in any legal proceedings unless the Chief Executive under the hand of the Chief Secretary for Administration consents to its production in such proceedings.
(Amended L.N. 362 of 1997; 63 of 1999 s. 3)

11. Protection to Chairman and members
Any Chairman and any member of the Commission shall have such and the like protection and privileges in case of any action or suit brought against him for any act done or omitted to be done in the execution of his duty as is by law given to any magistrate or justice acting in the execution of his office.
(cf. Cap. 227 Part VIII)

12. Publication and disclosure of information to unauthorized persons prohibited
(1) Neither the Chairman nor any member of the Commission nor any other person shall without the written permission of the Chief Executive under the hand of the Chief Secretary for Administration publish or disclose to any unauthorized person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which has come to his knowledge in the course of his duties under this Ordinance or under any regulation made thereunder in respect of any matters referred to the Commission under this Ordinance or any regulation made thereunder and any person who knowingly acts in contravention of the provisions of this section shall be guilty of an offence and shall be liable to a fine at level 1 and imprisonment for 1 year. (Amended L.N. 362 of 1997; 63 of 1999 s. 3)
(2) If any person having possession of any information which to his knowledge has been disclosed in contravention of the provisions of this section publishes or communicates any such information to any other person otherwise than for the purpose of any prosecution under this Ordinance, he shall be guilty of an offence and shall be liable to a fine at level 1 and imprisonment for 1 year.
(Amended E.R. 1 of 2021)