-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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