Kong Yunming v. The Director of Social Welfare

CACV 185/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 185 OF 2009

(ON APPEAL FROM HCAL NO. 127 OF 2008)

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BETWEEN

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Before: Hon Stock VP, Lam JA and Barma J in Court

Date of Hearing: 31 August 2012

Date of Judgment: 31 August 2012

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J U D G M E N T

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Hon Stock VP (giving the judgment of the Court):

1.We handed down judgment in this case on 17 February 2012 by which we dismissed Madam Kong’s appeal. The challenge in the court below and before us was as to the constitutionality of the residential requirement for comprehensive social security assistance, namely, Hong Kong residence for at least seven years before the date of application. The challenge failed at both stages and by a notice of motion dated 24 April 2012, the applicant seeks leave to appeal on the basis that the question involved in the appeal is one which, by reason of its great general public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision.

2.The suggested question of great general and public importance is put as follows:

“Whether the seven-year residence requirement is inconsistent with Articles 25, 36, 145 of the Basic Law and Article 22 of the Hong Kong Bill of Rights / Article 26 of the International Convenant on Civil and Political Rights, and is unconstitutional?”

3.Some of the relevant considerations have already been addressed by the Court of Final Appeal in Fok Chun Wa and Another v Hospital Authority and Another [2012] 2 HKC 413 but in any event, in our respectful view, the applicant’s argument carries no reasonable prospect of success and we decline to grant leave.

Mr Abraham Chan, instructed by the Department of Justice, for the Respondent

Mr Hectar Pun, instructed by Tang, Wong & Chow for the Applicant