Policy Address

Independent Panel of Investigation

34. To achieve the aforementioned aims, I will expand the existing functions of the Public Service Commission² to enable it to conduct investigations. Independent of the Government and in operation for many years, the commission is conversant with the management system of the civil service. Its current statutory functions include advising the Chief Executive on matters affecting the public service (including disciplinary cases of civil servants). The existing functions of the commission do not cover investigation. Extending its functions to include investigation, and inviting experts or government officials not related to the department being investigated to participate, can ensure both the independence and impartiality of the investigations concerned as well as the efficiency of the investigation, thereby achieving the four requirements set out in paragraph 33(ii).

35. The Government will make subsidiary legislation under the Public Service Commission Ordinance to implement the above proposal.

Activation Mechanism

36. When a situation as described in paragraph 33(ii) occurs in a department, the relevant Director of Bureau must report it to the Secretary of Department concerned. Upon obtaining the latter's agreement, the Director of Bureau should activate the Tier II independent investigation mechanism. The Secretary of Department concerned can also, on their own initiative, direct the relevant Director of Bureau to activate the investigation mechanism.