CSB - Appeal Panel on Government’s Voluntary Contributions under the Civil Service Provident Fund Scheme

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Appeal Panel on Government's Voluntary Contributions under the Civil Service Provident Fund Scheme

Status

Administrative

Terms of Reference

The Chief Executive may refer to the Panel for advice on representations made against the Government’s decision –

(a)	to forfeit (either wholly or in part) the accrued benefits attributable to the Government’s Voluntary Contributions (GVC benefits) (and the accrued benefits attributable to the Government’s Special Disciplined Services Contributions (SDSC benefits) if applicable) of a civil servant on the Civil Service Provident Fund Scheme (CSPF civil servant) who leaves the service –

	(i)	before conclusion of disciplinary or criminal proceedings if such proceedings have started; or

	(ii)	if formal proceedings have yet to start, but the Government has reasonable grounds to suspect that the officer may have committed a misconduct which, had the disciplinary proceedings taken place and the misconduct substantiated, would be so serious as to warrant a punishment of removal from the service;

(b)	to forfeit (either wholly or in part) the GVC benefits (and the SDSC benefits if applicable) of a CSPF civil servant who is removed from the civil service upon conclusion of disciplinary proceedings following a conviction of one of the following specified criminal offences –

	(i)	the common law offence of misconduct in public office;

	(ii)	any offence under Part II of the Prevention of Bribery Ordinance (Cap 201), being an offence related to his previous government service;

	(iii)	any offence related to his government service, being certified by the Chief Executive to have been gravely injurious to Hong Kong or to be liable to lead to serious loss of confidence in the public service; or

	(iv)	treason under section 2 of the Crimes Ordinance (Cap 200); and

(c)	to recover (either wholly or in part) by civil action the GVC benefits (and the SDSC benefits if applicable) already paid to a CSPF civil servant who has left the service if he is convicted of one of the specified criminal offences stated in (b)(i) to (iv) above.

The Chief Executive shall have regard to the advice of the Panel, if sought, before he may confirm, vary or reverse the decision to which a representation relates.

Mode of Operation

Meets only when requested by the Chief Executive.

Meetings and papers not open to the public.

Composition

Consists of three members appointed by the Chief Executive as follows:

(a)	a person appointed from amongst the Judiciary, or members of the Bar or the Solicitors' profession who are not public officers;
(b)	a justice of the peace who is not a public officer; and
(c)	a person who is neither (a) nor (b), and who is not a public officer.

Current Membership

Member-cum-Convenor : Miss CHAN Ching-har, Eliza, BBS, JP

Members :

Professor LEE Chi-kin, John

Mr CHAN Fu-keung, William

Enquiry

Address :	Civil Service Bureau, West Wing, Central Government Offices, Central.
Tel. No. :	2810 3182
Fax No. :	2530 0986
E-mail Address:	csbcd@csb.gov.hk

Useful Reference

-	Civil Service Provident Scheme

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Last Revision Date : 09 November 2010