Although it has been 16 years since Hong Kong's return, even obtaining the right to reside legally in Hong Kong requires a wait of 7 years before one can apply for permanent residency and enjoy equal benefits with Hong Kong residents. Recently, a woman in her sixties from the mainland won a lawsuit against the Hong Kong government, which may rewrite the residency system in Hong Kong, allowing new immigrants to equally receive benefits in Hong Kong.
64-year-old Kong Yunming went to Hong Kong to care for her sick husband, but unfortunately, her husband soon passed away. She found herself without housing in Hong Kong and could only take low-paying, physically demanding jobs, while being unable to apply for the Comprehensive Social Security Assistance (CSSA) program. Dissatisfied with the policy that requires "7 years of residence in Hong Kong to apply for CSSA," Kong Yunming filed a lawsuit against the Hong Kong government.
Kong Yunming's path to appeal was not easy; after 5 years and two failed trials, she finally received a favorable ruling from the Hong Kong Court of Final Appeal. The five judges unanimously ruled that the requirement to reside in Hong Kong for 7 years is unconstitutional, overturning the decisions of two lower courts. The ruling expands the beneficiary status of the Comprehensive Social Security Assistance program, also known as social relief funds, from Hong Kong permanent residents to those who have resided for at least 1 year in Hong Kong for settlement reasons, specifically holders of One-Way Permits.
