-57stood until it was turned into a seven times more restrictive requirement of 7 years’ residence with effect from 1 January 2004. That was done by an order made by the then Chief Executive in Council on 3 June 2003 following a recommendation put forward by the Task Force on Population Policy in its report of 26 February 2003. Residents and non-residents 162. Neither art. 36 nor art. 145 of the Basic law, each of which deals with the position of Hong Kong residents, was engaged in the case of Fok Chun Wa v Hospital Authority (2012) 15 HKCFAR 409. That case was about the exclusion of non-resident women from receipt of subsidized obstetric services at public hospitals in Hong Kong and about increases in the charges payable by them for obstetric services at such hospitals. As can be seen from para. 90 of the judgment in that case, what was upheld was the drawing of a line between residents and non-residents. There was no question of treating non-permanent residents as outside the protection of art. 36 or 145 of the Basic Law. 163. A word should be said about art. 41 of the Basic Law, which reads: “Persons in the Hong Kong Special Administrative Region other than Hong Kong residents shall, in assistance with law, enjoy the rights and freedoms of Hong Kong residents prescribed in this Chapter”. That was not treated by the Court in Fok Chun Wa’s case to mean that every right and freedom prescribed in Chapter III of the Basic Law was enjoyed by non-residents. Article 41 of the Basic Law calls for purposeful construction in the context of the Basic Law as a whole. Upon such a construction, it will be seen at once that some Chapter III fundamentals, for example freedom from torture, must by their very nature and in conformity with international human rights norms, extend to all persons present in Hong Kong. But that is not so in regard to the right to social welfare.