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Hong Kong social welfareproportionality

Kong Yunming v Director of Social Welfare

(2013) 16 HKCFAR 950
JurisdictionHong Kong
CourtHong Kong Court of Final Appeal
Year2013
StatusBinding authority

Key Principle

The seven-year residency requirement for Comprehensive Social Security Assistance was unconstitutional. Where a welfare benefit is founded on a Basic Law right (Art 36 — social welfare), any restriction requires proportionality justification; the executive's policy choice must pursue a legitimate aim, be rationally connected, and be no more than necessary.

Area of Law

constitutional

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