-50140.
In the present case, the Government has claimed that the seven-year
residence requirement pursues the legitimate purpose of curbing expenditure so
as to ensure the sustainability of the social security system. In my view that
claim is not made out. The seven-year restriction conflicts with two important
social policies which are simultaneously embraced by the Government, namely
the OWP family reunion policy and the population policy aimed at rejuvenating
our ageing population. There is no evidence as to the level of savings actually
achieved and achievable as a result of adopting the seven-year rule. On the
contrary, everything points to the actual savings being modest and of an order
that cannot sensibly be described as designed to safeguard the system’s
sustainability. The Government has indeed admitted that the new residence
requirement is not driven by the need to reduce CSSA expenditure on new
arrivals.
141.
Other matters identified as objectives promoted by the seven-year
rule include a search for uniformity in qualifying periods for heavily subsidized
benefits and a policy of withholding benefits until the applicant has contributed
to our economy for seven years. These are purposes that either lack legitimacy
as societal aims or are wholly insubstantial in terms of societal interests. If the
restriction has to rest on such purposes, it must be viewed as a restriction that is
manifestly without reasonable foundation.
142.
Many of the Government’s arguments seek to sidestep the issue and
fail to confront the constitutional issue altogether. They abdicate responsibility
for addressing the right conferred by Article 36 on Hong Kong residents to
social welfare in accordance with law. They suggest that indigent newly arrived
residents should look to charities rather than the social welfare system; that they
should not have come here in the first place without ensuring that they could
support themselves; or, if already here, that they should not receive any
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