Govt mulling expanding Public Service Commission role for Tier II probes of department heads

The Civil Service Bureau submitted a document to the Legislative Council on Tuesday outlining the Heads of Department (HoD) Accountability System, and planned to expand the functions of the Public Service Commission (PSC) to cover Tier II investigation under the Heads of Department (HoD) Accountability System.

It plans to submit a new regulation over the Public Service Commission Ordinance about investigation in June to empower the body with the legal basis to conduct the Tier II investigation.

A spokesman said the system aims to institutionalize the accountability of HoDs, requiring them to exercise proactive leadership and improve the management efficiency of their departments.

Under the framework, investigations will be conducted based on the severity and nature of problems identified within departments.

Tier I investigations will handle less serious and isolated cases, mainly involving working-level officers, and will be conducted by the HoD. For serious, systemic, or recurring issues, Tier II investigations will be initiated.

Tier II investigations may be activated by the Chief Executive, Secretaries of Departments, or Directors of Bureaus. Upon activation, Terms of Reference will be established to define the scope and objectives of the investigation.

The investigation team will be led by the PSC chairman and at least one PSC member to identify the root causes of problems, assess governance deficiencies, and determine accountability. Government staff and appointed independent experts may assist in the investigations.

Investigation reports will be submitted to the Chief Executive, Secretaries of Departments, or Directors of Bureaus for consideration of follow-up actions. If misconduct is identified, the government will take action under the established civil service disciplinary mechanism.

In cases of underperformance or lack of ability, follow-up measures will be taken through the performance management system, including training and reassignment. Persistent substandard performance or loss of confidence may lead to compulsory retirement in the public interest.

To avoid any perceived bias, a recusal mechanism will be adopted. PSC members involved in an investigation must not take part in related disciplinary or personnel decisions. The Chief Executive may appoint another member who was not involved to act as Chairman for the case, ensuring fairness and impartiality.