-37status in Hong Kong, for which additional rights are prescribed in the laws of Hong
Kong.”93
100.
These suggestions94 of course have nothing to do with promoting the
financial sustainability of the social security system and do not provide any
support for the seven-year residence requirement as rationally connected with
the legitimate purpose proclaimed by the Government.
101.
It is unclear whether the Director advances such grounds as separate
purposes supplying independent legitimate aims capable of justifying the
restriction of the Article 36 right. If that is the intention, such grounds are, in
my view, so lacking in coherence that they cannot properly serve as legitimate
aims for the restriction. Alternatively, if they do serve as such purposes, they
are such insubstantial and socially insignificant aims that the restriction of the
Article 36 right is a wholly disproportionate measure to achieve them, making it
a measure that is manifestly without reasonable foundation.
K.1
102.
Uniformity of qualifying periods
The first of the additional arguments mentioned above is the
somewhat bizzare suggestion that there is some intrinsic value in having
uniform qualifying periods for welfare benefits where such benefits are heavily
subsidized by the state.
Symmetry for the sake of symmetry is hardly a
legitimate aim. Waiting times for public rental housing must obviously depend
on the stock of public housing available and a shortage may lead to the setting
of long qualifying periods. Why should those qualifying periods be relevant to
setting the eligibility period for CSSA payments intended to meet the immediate
basic needs of indigent individuals and families?
93
Task Force Report, §5.56.
94
Adopted by Mr Cheung in his Affirmation at §55.
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