17 Dec 2013
KONG YUNMING v. THE DIRECTOR OF SOCIAL WELFARE
- Citation
- KONG YUNMING v. THE DIRECTOR OF SOCIAL WELFARE
- Court
- Court of Final Appeal
- Case number
- FACV2/2013
Article 36 protects the CSSA eligibility rules crystallized as part of the previous social welfare system (one-year residence rule as at 1 July 1997); any administrative modification that restricts that protected right is subject to constitutional review under a proportionality standard with judicial deference to socio-economic policy but intervention where a measure is not rationally connected to a legitimate aim or is manifestly without reasonable foundation; the seven-year residence requirement failed that test (it was not rationally connected to the sustainability aim, conflicted with oth…