-17residing here for one year. Her income has at all material times fallen below the level defined by the Director as necessary to meet basic needs. The seven-year requirement therefore removed the safety net that would otherwise have been deployed in her case. 45. It is important to note the precise terms of the new restriction. At a meeting of the Executive Council on 3 June 2003, the Council advised and the Chief Executive ordered that with effect from 1 January 2004: “To be eligible for CSSA, a person must have been a Hong Kong resident for at least seven years ...39 Children aged below 18 are exempted from any prior residence requirement. Current Hong Kong residents (i.e. those who have become Hong Kong residents before the seven-year residence rule comes into effect, viz. 1 January 2004 as proposed) [are also exempt40]. In exceptional circumstances, assistance may be granted at the discretion of the Director of Social Welfare (DSW) to a person who does not meet the residence requirement.” 46. The new residence requirement therefore does not apply to all new arrivals (the term used by the Director describe immigrants who have not yet resided here for seven years or more). Children under 18 (who had previously been subject to the one-year residence requirement) and current Hong Kong residents41 who pass the means test therefore qualify for CSSA payments. So do other new arrivals for whom the requirement is waived as a matter of 39 I have eliminated the words “and have resided in Hong Kong continuously for at least one year immediately before the date of application (absence from Hong Kong up to a maximum of 56 days during the one-year period is treated as residents in Hong Kong)” from the Order since the constitutionality of that additional requirement was successfully challenged and not made the subject of an appeal by the Director: see Yao Man Fai George v The Director of Social Welfare CACV 153/2010 (17 February 2012) decided simultaneously with the present case by the Court of Appeal. 40 The words in square brackets replace wording which had also referred to the condition of residence one year immediately before application. 41 Provided that the adult residents had been here for at least one year.