“public servant” (公務人員) and “officer” (人員) mean any person holding an office of emolument under the Government of HKSAR, whether the office is permanent or temporary, and serving in a government bureau or department;
“Public Service Commission” (公務員敍用委員會) means the Public Service Commission established under section 3 of the Public Service Commission Ordinance (Cap. 93);
“punishment” (懲罰)—
- (a) includes dismissal, compulsory retirement with pension, gratuity or other allowances or, without such benefits or with reduced benefits, fine, reduction in rank, severe reprimand, reprimand, stoppage or deferment of increments and reduction in salary;
- (b) does not include retirement in the public interest under section 12;
“regulations” (《規例》) means regulations made by the Chief Executive under section 21.
PART II
Appointments
3. Appointments
(1) Subject to Article 48(5) of the Basic Law, the Chief Executive may by virtue of Article 48(7) of the Basic Law appoint and promote public servants in accordance with this Order.
(2) In making his selection of persons for appointment or promotion, the Chief Executive shall take account of any advice tendered by the Public Service Commission under or by virtue of the Public Service Commission Ordinance (Cap. 93).
4. Concurrent appointments
(1) The Chief Executive may, when a public servant is on leave of absence pending relinquishment of his office, appoint substantively another person to the same office.
(2) When 2 or more persons are holding the same office by reason of an appointment made under subsection (1) the person last appointed to the office shall, for the purposes of any function conferred upon the holder of that office, be deemed to be the holder of that office.
