-47requirement and relied on as demonstrating the proportionality of that restriction, paragraph (v) places severe limits on the discretion. It instructs social welfare officers to tell the applicant: “Go back to where you came from,” unless the applicant faces “genuine difficulty” going back. 132. I have described119 as highly unattractive the Director’s practice of warning potential immigrants who hold OWPs (other than exempted new arrivals) to stay home and not to come to Hong Kong unless they are able to support themselves, since it contradicts avowed policies of promoting family unity for Mainland children with the right of abode; of rejuvenating our ageing population, and so forth. Condition (v) operates in the same vein. It involves abdicating responsibility for providing social welfare assistance to indigent new arrivals who have become Hong Kong residents and who are present in Hong Kong, unable to meet their basic needs, telling them that they should leave Hong Kong and go back to where they came from. A discretion that is subject to such a condition does little to establish the proportionality of the seven-year restriction of the Article 36 right. 133. The available statistics tend to confirm that the discretion plays only a small part in dealing with new arrivals who apply for CSSA but have not met the residence requirement. Only a small proportion (ranging from 2.4% to 9%) of such applicants go on to apply for a discretionary waiver. A very high proportion of those applicants (from 62% to 78%) then withdraw their applications (one assumes on being told that they do not meet the criteria), leaving a small number of live applications, most of which are then approved. The figures are as follows: 119 In Section L.1 above.

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