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Article: Public Welfare and The Judicial Over-Enforcement of Socio-Economic Rights in Hong Kong
Title | Public Welfare and The Judicial Over-Enforcement of Socio-Economic Rights in Hong Kong |
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Authors | |
Issue Date | 2014 |
Publisher | Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/ |
Citation | Hong Kong Law Journal, 2014, v. 44 n. 1, p. 41-54 How to Cite? |
Abstract | This comment argues that the Court of Final Appeal (CFA) in Kong Yunming has erred insofar as it applied the proportionality analysis vis-à-vis any restriction placed on the Art 36 right to social welfare. Even if the CFA was right to apply the proportionality analysis, it is argued that there is a rational connection between the 7-year residence requirement and the Government’s aim of ensuring the sustainability of the welfare system by addressing the problems raised by the following issues: (a) immigration from the Mainland under the One-Way Permit scheme; (b) Hong Kong’s ageing population; and (c) the rise in Comprehensive Social Security Assistance Scheme expenditure. Finally, even if the impugned 7-year residence requirement was unconstitutional, the CFA should have issued a temporary suspension order, rather than restore the 1-year residence requirement. |
Persistent Identifier | http://hdl.handle.net/10722/205918 |
ISSN | 2023 Impact Factor: 0.3 2020 SCImago Journal Rankings: 0.112 |
DC Field | Value | Language |
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dc.contributor.author | Yap, PJ | en_US |
dc.contributor.author | Wong, T | en_US |
dc.date.accessioned | 2014-10-20T09:48:06Z | - |
dc.date.available | 2014-10-20T09:48:06Z | - |
dc.date.issued | 2014 | en_US |
dc.identifier.citation | Hong Kong Law Journal, 2014, v. 44 n. 1, p. 41-54 | en_US |
dc.identifier.issn | 0378-0600 | - |
dc.identifier.uri | http://hdl.handle.net/10722/205918 | - |
dc.description.abstract | This comment argues that the Court of Final Appeal (CFA) in Kong Yunming has erred insofar as it applied the proportionality analysis vis-à-vis any restriction placed on the Art 36 right to social welfare. Even if the CFA was right to apply the proportionality analysis, it is argued that there is a rational connection between the 7-year residence requirement and the Government’s aim of ensuring the sustainability of the welfare system by addressing the problems raised by the following issues: (a) immigration from the Mainland under the One-Way Permit scheme; (b) Hong Kong’s ageing population; and (c) the rise in Comprehensive Social Security Assistance Scheme expenditure. Finally, even if the impugned 7-year residence requirement was unconstitutional, the CFA should have issued a temporary suspension order, rather than restore the 1-year residence requirement. | - |
dc.language | eng | en_US |
dc.publisher | Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/ | - |
dc.relation.ispartof | Hong Kong Law Journal | en_US |
dc.title | Public Welfare and The Judicial Over-Enforcement of Socio-Economic Rights in Hong Kong | en_US |
dc.type | Article | en_US |
dc.identifier.email | Yap, PJ: pjyap@hku.hk | en_US |
dc.identifier.authority | Yap, PJ=rp01274 | en_US |
dc.description.nature | published_or_final_version | - |
dc.identifier.hkuros | 230782 | en_US |
dc.identifier.hkuros | 230783 | - |
dc.identifier.hkuros | 230780 | - |
dc.identifier.volume | 44 | en_US |
dc.identifier.issue | 1 | - |
dc.identifier.spage | 41 | en_US |
dc.identifier.epage | 54 | en_US |
dc.publisher.place | Hong Kong | - |
dc.identifier.issnl | 0378-0600 | - |