-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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