To optimize the civil service disciplinary management, the government has completed a review of the Public Service (Administration) Order and the Public Service (Disciplinary) Regulation, proposing amendments to simplify the disciplinary procedures and improve suspension arrangements.
The Secretary for the Civil Service Ingrid Yeung Ho Poi-yan shared details on social media, highlighting three main areas in the amendment -- streamlined disciplinary procedures to increase the efficiency of handling disciplinary cases, optimization suspension arrangements which included expanded scopes of suspensions and tightened rules of salary deductions during suspension periods and technical revisions to adhere to the National Security Law of Hong Kong.
According to the document, the government suggested canceling hearings if the accused civil servant admitted to the charges to reduce procedural redundancy.
However, the accused individual will still have the chance to make a written representation to the authorities to assess the sentence.
Furthermore, it is proposed that hearings can continue if the accused is absent or leaves midway without a reasonable excuse. The government may impose penalties without legal documents when serious criminal offenses have been confirmed by the courts.
Regarding the salary arrangement for civil servants who are issued a notification letter for persistent unsatisfactory performance, it is recommended that half of their salary be withheld during the suspension period if the individuals are undergoing investigations by authorities.
The authority also suggested "dismissal" or "compulsory retirement" be imposed on suspended civil servants if they are convicted of a crime or other misconduct, with full forfeiture of salary during the suspension period even if disciplinary proceedings are not completed.
Yeung stressed the importance of civil servants' conduct and integrity, stating that while the vast majority of them work hard, the government will not tolerate a tiny number of violations.
She reassured that the optimization of the disciplinary mechanism aims to enhance effectiveness without diminishing the rights of civil servants under the current system, emphasizing the government's commitment to handle each case with fairness and justice.
According to government documents, a total of 1,073 civil servants were subject to formal disciplinary actions and punishments for committing or being convicted of serious misconduct or criminal offenses while 2,080 were subjected to summary disciplinary actions for minor misbehavior or misdoings during the five fiscal years from 2019/20 to 2023/24.
Among those who were subject to formal disciplinary actions and punishments, 214 were dismissed.
Yeung stated that the amendment of the optimization measures have been submitted to the relevant Legislative Council committee on Thursday (Apr 16).
After gathering feedback in the meetings at the end of the month, the department will start drafting the new regulations, which aim to be implemented by 2026.
(Phoebe Poon)
