-59167.
Professor Chan was in the company of Hong Kong’s leading
constitutional lawyer, Professor Yash Ghai, when they said two decades ago (in
The Hong Kong Bill of Rights: a Comparative Approach (eds Johannes Chan
and Yash Ghai) (1993) (Butterworths Asia) at p.5) that “(i)n countries with an
established tradition of constitutionalism, the rule of law is acceptable because
economic and social rights are woven into the fabric of public law.” And their
writings are in the company of, for example, Robert Alexander: The Voice of
the People (1997) (Weidenfeld & Nicolson) where it is said at p.196 that
“human rights…prevent the weakest going to the wall” and John P Humphrey:
Human Rights and the United Nations (1984) (Transnational Publishers) where
it is said at p.2 that “[h]uman rights without social and economic rights have
little meaning for most people”.
168.
Socio-economic rights are not alien to common law systems.
Common lawyers may be generally more familiar with civil and political rights
than with rights of a socio-economic nature. But as Professor Geraldine Van
Bueren QC demonstrates in “Socio-Economic Rights and a Bill of Rights – An
Overlooked British Tradition” [2013] Public Law 821, socio-economic rights,
too, have historical origins that can be traced back to medieval times in the land
where the common law came to life.
169.
In recommending a requirement of 7 years’ residence, the Task
Force on Population Policy said in para. 5.56 of its report of 26 February 2003
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.
A seven-year residence is also normally required for the grant of permanent resident
status in Hong Kong, for which additional rights are prescribed in the laws of Hong
Kong”.
That is followed by a footnote which says that those additional rights include
“the right to vote and to stand for election under Article 26 of the Basic Law
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