-55Kong residents shall be equal before the law”. (As art. 24 of the Basic Law
provides, Hong Kong residents consist of permanent residents and nonpermanent residents: permanent residents having the right of abode and being
qualified to obtain permanent identity cards which state their right of abode; and
non-permanent residents being qualified to obtain identity cards but having no
right of abode).
156.
A constitutional guarantee of equality is also to be found in the Bill
of Rights. Taken word-for-word from art. 26 of the International Covenant on
Civil and Political Rights (“the ICCPR”) and entrenched by art. 39 of the Basic
Law, art. 22 of the Bill of Rights provides as follows:
“All persons are equal before the law and are entitled without any discrimination to the
equal protection of the law. In this respect, the law shall prohibit any discrimination
and guarantee to all persons equal and effective protection against discrimination on
any ground such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.”
157.
It will be noticed at once that those guarantees of equality are not
confined to permanent residents. Article 25 of the Basic Law speaks of all
residents, and art. 22 of the Bill of Rights speaks of all persons.
Right to social welfare
158.
Turning to the right to social welfare, it, too, is not confined to
permanent residents. Article 36 of the Basic Law confers this right on Hong
Kong residents, not just Hong Kong permanent residents, saying this:
“Hong Kong residents shall have the right to social welfare in accordance with law.
The welfare benefits and retirement security of the labour force shall be protected by
law.”
Development and improvement
159.
The development and improvement of social welfare is an obligation
placed on the Government by art.145 of the Basic Law which reads:
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