-51discretionary assistance to meet their basic needs but should go home instead. These arguments do not provide any justification for the restriction. 143. I do not doubt that the Government adopted policies genuinely with the legitimate aim of curbing expenditure on CSSA with a view to ensuring the financial sustainability of the social security system. I readily accept that it did take rational measures towards that end by reducing standard payments in 1999 in relation to larger households and reducing standard payments across-theboard in 2003 and 2004. But in my view, the Director has not made good the proposition that the seven-year residence requirement was rationally connected to the aforesaid legitimate aim. If there was any rational connection, the restriction was wholly disproportionate and manifestly without reasonable foundation, given its contradictory policy consequences and socially insubstantial benefits. 144. I accordingly conclude that the appeal must be allowed and that the seven-year residence requirement must be declared unconstitutional, restoring the pre-existing residence requirement of one year. There can, however, be no constitutional objection to the Government’s exempting new arrivals under the age of 18 from any residence requirement and the Order which I would make does not seek to re-impose a one-year residence requirement on new arrivals in that age group. It merely declares unconstitutional the policy expressed in the words “To be eligible for CSSA, a person must have been a Hong Kong resident for at least seven years” contained in the first sentence of the Order made by the Chief Executive in Council on 3 June 2003 to take effect on 1 January 2004.121 145. I would also make an order nisi that the Director pay Madam Kong’s costs here and below and direct that any submissions as to costs be made in 121 Set out in Section F above.

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