-54been allocated to him. But that was turned down. The Housing Authority
repossessed the unit.
She became homeless, and was admitted to a street
sleeper shelter. All that she received from her late husband’s estate was a sum
of $982.37. She lived on charity.
152.
On 20 March 2006 she applied for CSSA. Her application was
turned down on the sole ground that she did not meet the residence requirement,
the Director of Social Welfare refusing to exercise his discretion to waive that
requirement in her case. Her appeal to the Social Security Appeal Board against
this refusal was launched in June 2006, heard in October that year and
dismissed in the following month.
153.
In 2008 she commenced the judicial review proceedings by which
she challenged the constitutionality of the 7-year residence requirement. That is
the challenge which, having failed in the courts below, has now reached this
Court. The question of law on which the Appeal Committee granted Madam
Kong leave to appeal to this Court is framed by reference to equality as well as
the right to social welfare.
154.
Cases like this one seem to be seen by some people as contests
between long-term locals and Mainland arrivals. But they are not. Nor are they
to be seen as contests between the “haves” and the “have-nots” in our society.
Cases like this one are about – and only about – what an independent and
impartial judiciary will, after receiving and weighing full and rational argument
on both sides of the question, adjudge to be the true constitutional position.
That, no more and no less, is what cases like this one are about.
Guarantees of equality
155.
Under our constitutional arrangements, equality is guaranteed by art.
25 of our constitution the Basic Law. This article provides that “[a]ll Hong
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