-52writing and lodged with the Registrar within 21 days from the date of this
judgment and that any submissions in reply be lodged within 21 days thereafter,
in default of such submissions, the order nisi to stand as an order absolute
without further order.
I would order the appellant’s costs to be taxed in
accordance with the Legal Aid Regulations.
Mr Justice Tang PJ :
146.
I agree with the judgment of Mr Justice Ribeiro PJ.
Mr Justice Bokhary NPJ :
Judicial role in regard to socio-economic rights
147.
This case is about social welfare. Policy matters thereon are for the
political branches of government. But there is in Hong Kong a constitutional
right to social welfare. And the responsibility for enforcing constitutional rights,
socio-economic ones no less than other ones, rests with the courts.
In
discharging this responsibility, it has to be recognized that courts are not ideally
equipped to undertake resource allocation. At the same time, the courts cannot
decline to intervene if the legislative (or administrative) scheme in question fails
to accord people the basic necessities to which they are constitutionally entitled.
The approach formed by those two propositions is one at which I arrive on
principle. It is, however, worth noting that it happens to be the approach
adopted
by
the
Federal
Supreme
Court
of
Switzerland
in
V v.
Einwohrnergemeine X und Regierunsgrat des Kantons Bern BGE/ATF 1211
1367, 27 October 1995.
CSSA and the residence requirement
148.
The form of social welfare concerned in the present case is
Comprehensive Social Security Assistance (commonly known as “CSSA”). It
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