Kong Yunming v Director of Social Welfare: Implications for Law and Policy on Social Welfare

Abstract

Kong Yunming v Director of Social Welfare is a landmark victory for the protection of constitutional social welfare rights in Hong Kong.In this unanimous decision of the Court of Final Appeal, the seven-year residence requirement for Comprehensive Social Security Assistance (CSSA) imposed by the Department of Social Welfare was ruled unconstitutional.This case shows a shift in the approach of the court in the adjudication of social welfare rights under the Basic Law.Nonetheless, the decision is very controversial not only because of recent Mainland China-Hong Kong social tensions, but also because of potential wide implications on future public expenditure on CSSA and the validity of other similar social welfare benefits with the seven-year residence requirement.It also opens to question the legitimacy of the court in overruling government policy choices on resource allocation.This article seeks to provide some clarifications on the legal issues involved and to make a preliminary analysis on the implications the case might have for future law and policy on social welfare.