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Following is a question by the Hon Ho Chun-yan and a reply by the Secretary for Home Affairs, Dr Patrick Ho, in the Legislative Council today (June 2):

Question:

Regarding the appointments of members of the Equal Opportunities Commission (EOC), will the Government inform this Council:

(a) since the authorities have stipulated that the term of office of non-official members of advisory or statutory bodies should not be more than six years and each person should not serve as a member on more than six boards or committees, of the incumbent EOC members who have been appointed for more than six years and those who are serving on more than six boards or committees, and the justifications for the Government's deviation from the above stipulation in appointing them;

(b) whether it has assessed the impact of last month's appointments of EOC members on the reputation of EOC; if it has, of the assessment results; if not, the reasons for that; and

(c) whether it has any plans to appoint persons belonging to the ethnic minorities as EOC members, to tie in with the policy against racial discrimination?

Reply:

Madam President,

(a) At present, there are some 500 advisory and statutory bodies in Hong Kong, comprising various advisory committees, public bodies, appeal boards and public corporations, etc. The Government's existing policy of appointing chairpersons and members to advisory and statutory bodies is primarily based on the merit principle. It will make the most suitable appointment having regard to the functions and needs of the bodies. Regarding the appointments to statutory bodies, they must be made according to the provisions set out in relevant legislation. We will also take into account public opinion and expectations on the work of advisory and statutory bodies so as to ensure that the composition of these bodies can reflect the views of different sectors as far as practicable. In general, the Government will endeavour to ensure that the composition of advisory and statutory bodies can fully reflect the views and opinion of people from different strata and sectors of the society.

In addition, the "6-year rule" and the "6-board rule" are the guiding principles which have been adopted by bureaux in making appointments of non-official members to advisory and statutory bodies in the public sector.

The "6-year rule" refers to the principle that, as a general rule, a non-official member of an advisory or statutory body should not serve more than 6 years in any one capacity. This ensures a healthy turnover of members and provision of opportunities to more people to serve the community through appointments to boards/committees.

Regarding the "6-board rule", it provides that, as a general rule, a person should not serve as a member on more than 6 boards/committees. This is to ensure that a non-official member does not take on more than he or she can practically handle. Besides, it also provides opportunities to more people to serve the community through appointments to boards/committees.

Appointments of non-official members to advisory and statutory bodies should, where necessary and appropriate, taking into account the needs of the body, rather than strictly follow administrative guidelines. Given the diverse needs of such bodies, bureaux should have the flexibility to identity candidates (including the flexibility not to comply fully with the "6-year rule" and the "6-board rule"). However, any exception to the above principles should be reasonable and proportionate to the special circumstances of the case.

The seven members recently re-appointed to the Equal Opportunities Commission (EOC) have served as its members for more than six years.

Although these seven members have served on the EOC for over six years, their re-appointment will facilitate the work of the independent panel and allow us time to implement the recommendations of the independent panel to restore the credibility of the EOC before a new round of appointment is considered.

Furthermore, the EOC is conducting two reviews: one is on its organisational and management structure while the other, conducted by three independent persons, is on its human resources management policies. Apart from the seven re-appointed members, there are eight other members of which seven have joined the EOC for about one year only. Retaining some experienced members under the present circumstances will be useful to the reviews.

On the other hand, one of the fifteen incumbent EOC members is serving on more than six boards/committees.

I understand that Members are very concerned about the EOC and its composition. I trust that the seven re-appointed members accepted the re-appointments because they believed that their experience in serving on the EOC over the years will facilitate the accomplishment of the current reviews and the implementation of recommendations of the independent panel to restore the credibility of the EOC.

We agree that the "6-year rule" and the "6-board rule" should be applied as the guiding principles in making appointments of non-official members to advisory and statutory bodies. The re-appointment of the seven members, though not in compliance with the "6-year rule", is necessary and reasonable taking into account the above justifications. In addition, as the inquiry and reviews relating to the EOC will be completed within the year, the re-appointments are for a one-year term only. In normal circumstances, we will strictly comply with the "6-year rule".

(b) Before making the decision to re-appoint the seven members, the Administration has fully considered all the relevant factors and impact, including the fact that the work of the independent panel and the two important internal reviews on the EOC are in progress, etc. The best way to uphold the reputation of the EOC is to draw on the experience of these experienced members in the completion of the above important tasks and the implementation of relevant recommendations.

(c) At present, there is one non-Chinese member serving on the EOC. We will consider appointing more members of different ethnic groups to tie in with the development of our policy against racial discrimination.

Thank you Madam President.

Ends/Wednesday, June 2, 2004

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