### Public Service Commission Regulations 《公務員敍用委員會規例》

3. Vacancy in pensionable office etc. to be notified to Commission
(1) Subject to paragraph (3), whenever it is proposed to fill a vacancy occurring or about to occur in an established office or to make a special appointment and the maximum monthly salary applicable to the office or appointment is not less than the amount specified at point 26 on the Master Salary Scale, the Secretary for the Civil Service shall notify the Commission of the vacancy or the proposed appointment and ask the Commission to advise the Chief Executive how it should be filled or made. (36 of 1987 s. 53; L.N. 359 of 1990; L.N. 257 of 1995)
(2) Notwithstanding paragraph (1), if the Chief Executive considers that exceptional circumstances warrant the making of a special appointment without prior reference to the Commission, he may make the appointment accordingly but shall at the same time notify the Commission of his reasons for so doing.
(3)  In paragraph (1), established office (設定職位) does not include an office at the basic rank of any grade— (E.R. 5 of 2021)
(a) the vacancy of which is filled by recruitment; and
(b) the entry requirements of which do not include membership of a professional institution, a university degree or the equivalent of any such membership or degree. (L.N. 257 of 1995)

(L.N. 119 of 1974; 63 of 1999 s. 3)

4. Commission’s advice on officer’s promotion etc.
The Secretary for the Civil Service shall ask for the advice of the Commission in every case where an officer who holds an established office or special appointment is due to pass a probation or efficiency bar or is eligible to pass a promotion step, and the Secretary for the Civil Service is of the opinion that— (36 of 1987 s. 53)
(a) passage over that bar or step should be refused; or
(b) such passage should be deferred in terms that the officer would suffer financial loss thereby.
(L.N. 119 of 1974)

5. Chief Executive may refer to Commission by writing under hand of Secretary for the Civil Service
It shall be lawful for the Chief Executive to indicate that he wishes the advice of the Commission upon any matter which he is by the Ordinance authorized to refer, by writing under the hand of the Secretary for the Civil Service requesting such advice.
(L.N. 148 of 1970; L.N. 119 of 1974; 63 of 1999 s. 3)

### Public Service Commission Regulations 《公務員敍用委員會規例》

6. Non-applicability of regulations to certain office, class of office or appointment
These regulations shall not apply to any office, class of office or appointment to which section 6(2) or (2A) of the Ordinance applies.
(69 of 1992 s. 4)

7. Procedure for obtaining advice of the Commission
Whenever any matter has been referred to the Commission whether by notice in writing to the secretary or by such other manner as may from time to time be prescribed, then subject to any regulations for the time being in force the Chairman of the Commission shall, with a view to advising the Chief Executive upon such matter as has been referred to the Commission, cause the matter to be considered by the Commission in such manner as he shall in each particular case deem convenient and shall cause to be forwarded to the Chief Secretary for Administration in writing— (L.N. 235 of 1996; L.N. 362 of 1997; 63 of 1999 s. 3)
(a) the advice of the Commission or of the Chairman and every member who has considered the matter; or (L.N. 119 of 1974)
(b)  if the advice is not unanimous, the advice of the Chairman and of each member who has considered the matter:
Provided that such advice may take the form of concurring with the advice given by the Chairman or member and of indicating in what respects, if any, it differs therefrom. (L.N. 92 of 1966) 

8. Powers of the Commission
Subject to any regulations for the time being in force it shall be lawful for the Commission for the purpose of advising the Chief Executive upon the filling of any vacancy in an established office or upon the making of any special appointment or upon the surmounting of any efficiency or probation bar or of any promotion step in an established office or special appointment— (L.N. 119 of 1974; 36 of 1987 s. 53; 63 of 1999 s. 3)
(a) to conduct, supervise or arrange such examinations, interviews or tests of any public servant who is about to be or may be appointed to fill any vacancy or special appointment and of any candidate for the public service as to the Commission may seem fit;
(b) to obtain from the Head of Department of any public servant or the employer of any candidate for the public service such information as may appear to the Commission to be relevant in advising Government on whether such public servant should be appointed to fill any vacancy or to any special appointment or on whether such candidate should be employed in the public service; and
(c) to advertise any vacancy in such manner as the Commission may deem desirable.

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

1. Short title
This Ordinance may be cited as the Public Service Commission Ordinance.
(Amended 15 of 1979 s. 3)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Commission (委員會) means the Public Service Commission established by this Ordinance; (Amended 15 of 1979 s. 4)
government regulations (政府規例) means the administrative rules known as the Government Regulations and any other administrative rules or instruments regulating the public service; (Added 63 of 1999 s. 3) 
judicial office (司法職位) means any judicial office specified in Schedule 1 to the Judicial Officers Recommendation Commission Ordinance (Cap. 92); (Replaced 25 of 1998 s. 2)
member (委員) when used with reference to the Commission does not include the Chairman;

Public Service (Administration) Order (《公務人員(管理)命令》) means—
(a) the Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997);
(b) the Public Service (Disciplinary) Regulation made under section 21 of that Order (and together with that Order published as S.S. No. 5 to Gazette No. 2/1997); and
(c) any other regulation made or any direction given under that Order,
as amended from time to time. (Added 63 of 1999 s. 3)

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

4. Ineligibility of persons holding certain offices for appointment as members of Commission
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 Hong Kong or out of the revenue or funds of any municipality or municipal council which may hereafter be established in Hong Kong: (Amended 63 of 1999 s. 3)

Provided that the prohibition hereinbefore contained shall not extend to—
(a) the appointment of a judge of the Court of First Instance as Chairman; or (Amended 25 of 1998 s. 2)
(b) the making of a temporary appointment as Chairman under section 3(5); or
(c) 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.
(Amended 21 of 1951 s. 2; 27 of 1974 s. 4)

5. Secretary to Commission
The Chief Executive 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.
(Amended 63 of 1999 s. 3)