Officials on Tuesday proposed giving an independent advisory body new powers to probe serious problems involving civil servants, allowing it to enter government premises and demand people provide assistance.

Anyone who does not cooperate with such investigations could face disciplinary action, according to a paper submitted to the Legislative Council.

The administration unveiled a "Heads of Department Accountability System" in last year's policy address, under which investigations will be divided into two tiers based on the severity of the issues.

General issues will be investigated by heads of department while serious or systemic problems, or cases involving the heads themselves, will be handled by an independent panel led by the Public Service Commission.

Under the proposal, the chief executive and principal officials can activate investigations, and at least two members of the Public Service Commission – including its chairman – will form a team to look into the matter.

While each investigation is guided and bound by a set of terms of reference, the probe's scope "can be revised from time to time" in the case of new problems being uncovered.

Entrusted with investigative functions, the Civil Service Bureau said the team can require anyone to assist in ways such as producing and allowing access to any information and documents relevant to the probe, enter and inspect any government premises, and appoint supporting staff and independent experts to help.

"The government employees being investigated must cooperate with the investigation team and it will be made known that cooperating with the investigation is their duty," the bureau said in the paper.

"In case of uncooperative persons, they will be considered to have failed to perform their duties and will be followed up in accordance with the civil service disciplinary mechanism."

The investigation team is required to submit a report of its findings to the official who activated the probe, authorities added.

"In the event that the investigation unveils alleged misconduct of officers, the government will follow up in accordance with the civil service disciplinary mechanism," the bureau said.

"If the investigation unveils issues of under performance or lack of ability of officers, the government will follow up in accordance with performance management system and/or administrative [or] management measures."

The bureau said such measures include "retirement in the public interest" if the officer concerned displayed persistent substandard performance or acts leading to the department head's loss of confidence in his or her suitability to continue discharging duties.

The proposed legislation will be tabled in Legco in June for negative vetting, and will come into effect by mid-October if the scrutiny period is extended.



Edited by Thomas McAlinden