For discussion EC(96-97)31

on 1 July 1996

ITEM FOR ESTABLISHMENT SUBCOMMITTEE
OF FINANCE COMMITTEE

HEAD 180 - TELEVISION AND ENTERTAINMENT LICENSING AUTHORITY

Members are invited to recommend to Finance Committee the conversion of the Entertainment Standards Control Officer grade from the permanent but non-pensionable establishment to the permanent and pensionable establishment.



PROBLEM

The non-pensionable status of the Entertainment Standards Control Officer (ESCO) grade is not conducive to maintaining a permanent, dedicated, and professional staff complement because we can only make appointments made on agreement terms.

PROPOSAL

2. We propose to change the ESCO grade from the permanent but non-pensionable to the permanent and pensionable establishment so that we can appoint these officers on the permanent and pensionable (P & PE) terms.

JUSTIFICATION

3. When we created the ESCO grade in 1979, it comprised a small pool of officers whose main job was to ensure that programme standards of films and broadcasting were acceptable to the public. Given this particular job nature, there was a need to have regular staff turnover to ensure that staff's sensitivity to film and broadcasting standards would not become blunted over time. We thereforethen considered it appropriate to provide posts in the grade on a permanent but non-pensionable basis and to appoint staff on agreement terms. With the passage of time, such arrangement is no longer appropriate as a result of the following developments -

(a) Changing role of the grade in monitoring broadcasting standards and in film censorship
The Television and Entertainment Licensing Authority (TELA) no longer relies on the ESCO grade to set or maintain programme standards in television and radio monitoring or for film censorship. The department operates a comprehensive public consultative scheme, using around 300 advisers for film censorship and 600 in various panels on TV monitoring. These advisers come from different walks of life and change regularly. We keep the standards current with community needs or perceptions through these advisers and deploy ESCOs deployed to implement the standards. The previous need for regular staff turnover to maintain a fresh approach has therefore diminished.

(b) A broader and more complex scope of work undertaken by the grade
Film censorship, TV and radio monitoring do not represent the full spectrum of the ESCO grade's duties, which now include research and development, liaison with licensees, enforcement of complex statutory broadcasting licensing requirements, running of a comprehensive community consultative scheme and monitoring of the voting control and outward investment of the licensees. The more senior members of the grade also assist in policy formulation, drawing up Codes of Practice, international liaison and community relations. The duties and responsibilities for each rank of the grade are at Enclosures 1, 2 and 3. Continuity in the grade has become increasingly essential to preserve knowledge and experience in dealing with the complex broadcasting industry.

(c) Staff development
To equip TELA for its increasingly complex regulatory role, the ESCO grade has expanded from a two-rank grade into a three-rank grade and its establishment has also grown three-fold to 48 posts since we established the grade, asestablished, as shown in Enclosure 4. From a grade management point of view, the appointment of staff on P & PE terms is more conducive to grooming staff and developing leadership for higher responsibilities.

4. There is therefore a permanent need for a dedicated pool of officers to be fully conversant with the Department's broadcasting regulatory regime, film censorship and other related duties. The offer of P & PE terms will help preserve expertise in tackling the many imminent changes brought about by new legislation and technology (e.g. video-on-demand).

FINANCIAL IMPLICATIONS

5. The proposal does not involve any additional salary cost. However, since the pension on-cost for pensionable officers are higher than the gratuity on-cost for officers on local agreement terms, there will be an increase in staff cost. We estimate this to be about $6013,000 per year based on the existing permanent establishment of the grade. This will be incurred only when officers appointed on P & PE terms proceed on retirement. In addition, pensionable officers are eligible for medical and dental benefits upon retirement which are not available to agreement officers when leaving the service. The additional cost will however be insignificant given the small number of the establishment. the on-costs for officers on local agreement terms.

BACKGROUND INFORMATION

6. We created the ESCO grade in October 1979 by merging the former Film Censor and Television Standards Control Officer grades. The grade then comprised the two ranks of Entertainment Standards Control Officer and Chief Entertainment Standards Control Officer. In view of the nature of its work, we provided the posts on a permanent but non-pensionable basis and appointed officers on temporary month-to-month terms. In its Report No. 2 published in October 1979, the Standing Commission on Civil Service Salaries and Conditions
of Service, in recognition of the need to have a regular staff turnover to ensure a fresh approach, recommended that the grade should be employed on gratuity bearing contract terms. When we created the new rank of Principal Entertainment Standards Control Officer in April 1992, appointment to the rank was likewise confined to agreement terms.

CIVIL SERVICE BRANCH COMMENTS

7. Appointments in the civil service are normally made on permanent and pensionable terms. The Civil Service Branch supports the conversion of the ESCO grade to the permanent and pensionable establishment.

RECOMMENDATION OF THE STANDING COMMISSION ON CIVIL SERVICE SALARIES AND CONDITIONS OF SERVICE

8. Subject to Members' approval, the conversion of the ESCO grade to the permanent and pensionable establishment will be reported to the Standing Commission on Civil Service Salaries and Conditions of Service.

Broadcasting, Culture and Sport Branch
June 1996
(E4795/WIN80)


Enclosure 1 to EC(96-97)31

Duty List of Principal Entertainment Standards Control Officer

  1. supervising CESCOs to ensure consistency in the standards of television and radio broadcast monitoring and the interpretation of relevant codes of practice and legislation. Overseeing CESCOs in handling complaints relating to broadcasting and in operating the Television Advisory Scheme;
  2. planning and administering mid-term licence renewal reviews and public hearings;
  3. planning and supervising the conduct of public opinion surveys on broadcasting and film censorship standards;
  4. formulating and implementing recommendations on changes to licence conditions and codes of practice related to broadcasting;
  5. providing advice on broadcasting policies, regulatory matters and compliance with broadcasting standards;
  6. supervising the Panel of Film Censors on work relating to the implementation of the film censorship system; assisting in the formulation of film censorship policy, handling complaints about film censorship system and standards;
  7. establishing and maintaining contacts with senior representatives in the broadcasting and film industry regulatory bodies, both local and overseas;
  8. assisting in the management of the ESCO grade by dealing with matters relating to staff planning, deployment, development and training;
  9. co-ordinating and overseeing the work of the Film Section or various Broadcasting Sections; and
  10. providing secretariat support to the Broadcasting Authority.


Enclosure 2 to EC(96-97)31

Duty List of Chief Entertainment Standards Control Officer

  1. supervising the monitoring of programmes broadcast on wireless/satellite/subscription television and radio;
  2. investigating and making recommendations on complaints about material broadcast on television and radio; preparing materials for complaint cases to be considered by the Broadcasting Authority Complaints Committee;
  3. supervising the operation of the Television Advisory Scheme;
  4. assisting in the implementation of the film censorship system and handling complaints about film censorship standards;
  5. reviewing codes of practice relating to broadcasting;
  6. planning and administering broadcasting and film surveys;
  7. liaising with licensees on programme planning; handling enquiries and applications on licence conditions and other relevant regulations;
  8. preparing reports on licensees' performance and other information materials for the Broadcasting Authority; and
  9. performing other related administrative and supervisory duties.


Enclosure 3 to EC(96-97)31

Duty List of Entertainment Standards Control Officer

  1. monitoring and controlling standards of programmes and advertising broadcast on wireless/satellite/subscription television and radio;
  2. handling and investigating complaints on material broadcast on wireless/satellite/subscription television and radio;
  3. reviewing and updating codes of practice; conducting research and surveys on various aspects of broadcasting;
  4. conducting mid-term reviews of broadcasting licences and organizing public hearings;
  5. serving the Broadcasting Authority committees;
  6. operating the Television Advisory Scheme;
  7. operating the Public Advisors Scheme for film classification;
  8. previewing, censoring and editing film according to the film censorship standards;
  9. examining packaging of video tapes and laser discs of Category III films and advertising materials of films;
  10. promoting public awareness of the Broadcasting Authority's functions and activities; and
  11. maintaining close contacts with overseas regulatory bodies and organizations; and liaising with local broadcasters, the film industry and government departments on broadcasting and film matters.


Enclosure 4 to EC(96-97)31

Establishment of the ESCO Grade as at 1 June 1996

Rank Establishment Pay Scale

a) Principal Entertainment Standards Control Officer

3

MPS Pt. 40-44

($51,440 - $60,475)

b) Chief Entertainment Standards Control Officer

6

MPS Pt. 34-39

($39,300 - $49,315)

c) Entertainment Standards Control Officer

39

MPS Pt. 16-33

($17,270 - $38,210)


Last Updated on {{PUBLISH AUTO[[DATE("d mmm, yyyy")]]}}