-38103.
It is also hard to understand why the absence of any residential
requirement for access to public health and hospital services should be regarded
as “an anomaly”. It would indeed be a dysfunctional public health system if a
person in need of urgent medical services were to be refused medical assistance
on the ground that he or she has not met some residential qualification imposed
simply to achieve “uniformity” with residential qualifications adopted for
wholly different purposes.
104.
It is also impossible to see how the seven-year qualifying period for
permanent resident status laid down by Article 24(2) of the Basic Law is
relevant. That seven-year period is essentially a qualifying period for taking
part in the government of the HKSAR. One has to be a Hong Kong permanent
resident to vote and stand for election; 95 to become Chief Executive; 96 to
become a member of the Executive97 or Legislative98 Councils; and so forth. It
makes no sense to impose a like residence requirement for CSSA applicants
simply to achieve a seven-year symmetry.
K.2
105.
Contribution towards our economy
Another strand of these additional arguments involves the suggestion
that:
“Eligibility based on a seven-year residence requirement reflects the contribution a
resident has made towards our economy over a sustained period of time in Hong
Kong.”99
106.
This loses sight of the persons whose eligibility is in issue and the
circumstances in which they find themselves. The evidence is that in 2002, in
95
Basic Law Article 26.
96
Basic Law Article 44.
97
Basic Law Article 55.
98
Basic Law Article 67.
99
Task Force Report §5.56, adopted in Mr Cheung’s Affirmation, §55.
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