 放大圖片
■高院上訴庭上月中駁回兩宗未符居港期限申領綜援不果的上訴。 資料圖片
高等法院上訴庭上月中駁回兩宗未符居港期限申領綜援不果的上訴。其中一名內地回流港人前年透過司法覆核，成功挑戰社署規定領取綜援前不得離港逾56日的限制，社署不服上訴，再被上訴庭駁回。另一個案是一名內地來港定居未滿7年的婦人，申請綜援被拒，法院駁回其上訴。
目前，根據社署規定，綜援申請人必須居港超過7年，並在申請前一年內離港不多於56日。這樣的安排就是要保證長期在香港工作、居住的人士可以優先享用綜援的福利，較為符合公平的原則。參考外國特別是西方等高福利國家，對於申請福利都有類似的時間限制，社署對申領綜援設置時間限制，符合世界的主流做法。
上訴庭的判決認為，《基本法》賦予政府可根據經濟和社會需要，制定自身的福利政策，容許與香港有較長時間聯繫的人，優先使用有限資源。同理，也應該認同對申領綜援的離港時間設定時限，以確保「與香港有較長時間聯繫的人，優先使用有限資源」。如果對離港時間不設限，無疑令綜援機制撕開一道裂口，因為港人在外地的收入和資產港府難以審查，將會誘使更多人隱瞞資產而濫用綜援資源。
Setting residence requirement for CSSA application is necessary
In mid-last month, the Court of Appeal of the High Court ruled against two appeal cases regarding refused applications for Comprehensive Social Security Allowance (CSSA) that fell short of the residence requirement. In one of the cases, a Hong Kong resident who returned from the mainland filed a judicial review the year before last, and successfully challenged the permissible limits set by the Social Welfare Department which states that absence from Hong Kong cannot exceed 56 days prior to the receipt of CSSA. The Social Welfare Department appealed to the Court of Appeal but the case was rejected. In the other case, a woman, an immigrant from the mainland, who had lived in Hong Kong for less than seven years applied for CSSA, and her application was refused. She appealed to the Court of Appeal and her case was also rejected.
At present, according to the regulations of the Social Welfare Department, eligible CSSA applicants must have resided in Hong Kong for more than seven years, and must not be absent from Hong Kong for more than 56 days in the year prior to the application. The arrangement ensures that people who have worked or lived in Hong Kong for a long time have priority to enjoy the benefits of CSSA, and this in fact adheres to the principle of fairness. Take reference from foreign welfare states especially those of the Western world and it can be found that there are similar residence requirements for social welfare applications. The requirement set by the Social Welfare Department is in line with the mainstream practice adopted around the world.
The Court of Appeal ruled that the Basic Law has empowered the government to formulate its own policies on social welfare system according to economic conditions and social needs, and also to give priority to those who have a lengthier connection with Hong Kong to use the limited resources. On the same basis, setting permissible limits of absence from Hong Kong for CSSA application should be endorsed as it is a criterion to ensure "the priority (being) placed on those who have a lengthier connection with Hong Kong in terms of the use of limited resources". Not having any such limits of absence is tantamount to creating a crack in the CSSA system because the income earned and asset kept by Hong Kong residents in places outside Hong Kong are difficult to audit; therefore it will only seduce more people to conceal their assets and abuse the resources of the CSSA. ■Translation by 東明
tungming23@gmail.com
逢周五見報
|
放大圖片
