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

13. Offence to influence or attempt to influence Commission
Every person who otherwise than in the course of his duty directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of the Commission or the Chairman or any member thereof shall be guilty of an offence and shall be liable to a fine at level 2 and imprisonment for 2 years: (Amended E.R. 1 of 2021)

Provided that nothing in this section shall prohibit—
(a) any person from giving a certificate or testimonial to any applicant or candidate for any public office or from supplying any information or assistance upon formal request made by the Commission; or
(b) any officer from making representations to the Commission in accordance with government regulations. (Replaced 27 of 1974 s. 7. Amended 63 of 1999 s. 3)

14. Power of Chief Executive in Council to make regulations
(1) The Chief Executive in Council may by regulation provide for— (Amended 63 of 1999 s. 3)
(a) the discharge by the Commission (whether or not with the assistance of such bodies and persons as are hereinafter mentioned) of additional functions and duties;
(b) the time, place and manner, when in which and how the Commission shall exercise its functions and duties; (Amended E.R. 1 of 2021)
(c) the Commission being assisted by departmental boards and by such other persons and classes of persons as may be prescribed in the performance of all or any of its functions and duties;
(d) the conduct of examinations and the interviewing of public servants or candidates for the public service by the Commission or by such boards and persons as are referred to in paragraph (c);
(e) forms and fees in connexion with applications to the Commission, reports or communications from the Commission or for any other matter required by or under this Ordinance;
(f) any matter which under section 6 requires to be prescribed and generally, the carrying out the provisions of this Ordinance.
(2) For the purpose of removing doubt it is hereby declared that such regulations may provide for the manner in which the Commission is to proceed in any case in which the advice tendered to Government is not the unanimous advice of the Commission or, as the case may be, of the Chairman and every member by whom the matter advised upon has been considered. (Amended 27 of 1974 s. 8)

15. Saving
Nothing in this Ordinance shall derogate from any provision of the Basic Law vesting in the Chief Executive the power of making appointments to the Public Service.
(Replaced 63 of 1999 s. 3)

### Judicial Officers Recommendation Commission Ordinance 《司法人員推薦委員會條例》

1. Short title
This Ordinance may be cited as the Judicial Officers Recommendation Commission Ordinance.
(Amended 79 of 1995 s. 50)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Chief Executive (行政長官) means the Chief Executive of the Hong Kong Special Administrative Region of the People’s Republic of China; (Added 121 of 1997 s. 2)
Commission (委員會) means the Judicial Officers Recommendation Commission established by this Ordinance; (Amended 79 of 1995 s. 50)
commissioner for oaths (監誓員) means a commissioner for oaths duly appointed by the Chief Justice under any enactment in force in Hong Kong; (Added 26 of 1997 s. 8)
judicial office (司法職位) means any judicial office specified in Schedule 1; (Amended 121 of 1997 s. 10)
judicial officer (司法人員) means the holder of a judicial office;
Legislative Council (立法會) means the Legislative Council but during the existence of the Provisional Legislative Council means the Provisional Legislative Council. (Added 121 of 1997 s. 2)

### Judicial Officers Recommendation Commission Ordinance 《司法人員推薦委員會條例》

4. Certain persons ineligible for appointment as members of the Commission
(1) A person shall not be appointed to be a member of the Commission if—
(a) he is a member of the Legislative Council; or
(b) he holds a pensionable office (other than the office of judge) the emoluments whereof are payable wholly or partly out of public revenue, unless he 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 92 of 1975 s. 59; 50 of 1990 s. 3; 121 of 1997 s. 4; 78 of 1999 s. 7)
(2) (Repealed 78 of 1999 s. 7)

5. Secretary to the Commission
(1) The Chief Executive shall appoint a public officer to act as Secretary to the Commission. (Amended 121 of 1997 s. 5)
(2) The Secretary shall not be a member of the Commission.

6. Functions of Commission
The Commission shall advise or make recommendations to the Chief Executive regarding— (Amended 79 of 1995 s. 50)
(a) the filling of vacancies in judicial offices;
(b) such representations from a judicial officer concerning conditions of service as may be referred to it by the Chief Executive;
(c) any matter affecting judicial officers which may be prescribed or which the Chief Executive may refer to the Commission.
(Amended 121 of 1997 s. 5)

7. Oath of Chairman and members
Members appointed under section 3(1) or appointed temporarily under section 3(6) shall on first appointment take an oath or make an affirmation in the form in the Schedule 2, which shall be administered by a judge or a commissioner for oaths.
(Amended 26 of 1997 s. 9; 121 of 1997 s. 10)

7A. Transitional
(1) Notwithstanding section 7, a member appointed under section 3 and whose appointment takes effect on 1 July 1997 may take his oath or affirmation in the manner prescribed in section 7 as soon as practicable after the appointment.
(2) For the avoidance of doubt, any advice given or recommendations made shall not be invalid merely by reason of the fact that the members of the Commission had not taken the relevant oaths or affirmations as prescribed under subsection (1).
(Added 121 of 1997 s. 6)