Institute for Migrant Rights
Railway line at Cianjur station, c. 1890 · KITLV, CC BY 4.0

Migration Jurisprudence from the South › Hong Kong

Kong Yunming v. Director of Social Welfare

Court of Final Appeal, Hong Kong · Hong Kong · 2013-12-17 · National court

Citation: FACV 2/2013
Type of case: Constitutional and human rights
Outcome: Decided for the migrant side

Question

Is the seven-year residence requirement for comprehensive social security assistance constitutional?

What the court decided

No. The requirement, raised from one year to seven in 2004, was unconstitutional; the one-year rule was restored.

In plain language

A woman who moved from mainland China to Hong Kong was refused welfare because she had not lived there seven years. The highest court said this rule was unconstitutional.

Dalam bahasa sederhana

Seorang perempuan yang pindah dari Tiongkok daratan ke Hong Kong ditolak bantuan sosial karena belum tinggal tujuh tahun. Pengadilan tertinggi menyatakan aturan itu inkonstitusional.

Pertanyaan: Apakah syarat tinggal tujuh tahun untuk bantuan jaminan sosial konstitusional?

What happened afterwards

  • 2013-12-17: Judgment.
  • 2014: One-year requirement restored.

Sources

Open this decision in the interactive collection (compare, filter, Indonesian view, downloads).

Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/hk-kong-yunming-2013/. This page summarizes a court decision for research and advocacy; it is not legal advice.

For researchers

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