-44L.2
Reliance on charities
120.
The Government also makes the argument that, if denied CSSA, new
arrivals are able to seek help from charitable institutions. Mention is made of
charitable trust funds which assist people in family crisis and temporary
financial hardship, mainly in the form of one-off grants; charities which provide
foodstuffs and hot meals; and charities which provide second-hand clothing,
furniture and appliances, and so forth.113 It is self-evident that such charitable
help can only be of a temporary or emergency nature. It may supplement but
cannot be a practical substitute for CSSA.
121.
More importantly, the argument is in principle objectionable. It
really amounts to the Government abdicating its constitutional responsibility for
social welfare to private charities and trying to make a virtue of the existence of
such charities in the proportionality analysis.
The Hong Kong residents
concerned find themselves destitute and eligible for short-term or emergency
help from charities because they have been excluded from CSSA as a result of
the Government’s adoption of the seven-year requirement. It is exceedingly
unattractive for the Government then to shrug its shoulders and say: “Well, you
can always approach local charities as a supplicant for their goodwill”.
122.
The primary responsibility of the Government for social security and
the subsidiary role of voluntary agencies have been recognized since at least
1970 when, in a Memorandum for the Executive Council,114 the Government
stated:
“It is highly desirable, both at present and for future planning, that Government
should be responsible for public assistance, and that there should be a clear distinction
between the responsibilities of voluntary agencies in this and other social welfare
fields.”
113
LC Paper No CB(2)1616/03-04(03), §17.
114
XCC (70) 14, For discussion on 17 March 1970, §5(f).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents