-66Not proportionate 185. A decrease in expenditure on the CSSA scheme is a lawful objective. But just because it is legitimate to do something, it does not mean that whatever is done will be legitimate. The raising of the residence requirement from oneyear to 7 years, putting the burden of that increase on immigrants so as in effect to exclude non-permanent residents from the right to social welfare conferred by the constitution on all residents without distinction has not been shown to be a proportionate means by which to obtain that objective. Conclusion 186. The one-year residence requirement was part of the previous system on the basis of which art. 145 of the Basic Law required the Government to formulate its policies for the development and improvement of social welfare in the light of economic conditions and social needs. We have not been asked to hold that the residence requirement of one year had also been unconstitutional, and I see no reason to do so. The raising of the residential requirement from one year to 7 years, however, is, in my judgment, unconstitutional for the reasons which I have given. I would allow this appeal to declare that rise unconstitutional. 187. As to costs, I would order legal taxation of Madam Kong’s own costs. I would make an order nisi awarding her costs here and in the courts below, such order to become absolute 21 days after the handing down of judgment in this appeal unless an application has been made to vary that order. And I would direct that in the event of such an application, costs he dealt with on written submissions lodged according to a time-table for which the parties, if not agreed thereon, should seek procedural directions from the Registrar.