LCQ10: Eligibility for public benefits of residents absent from Hong Kong
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Question:
There are recently recurring public queries in the community that Hong Kong people who have been absent from Hong Kong for a long period of time or who have even emigrated overseas for many years, despite having no actual economic or social ties with Hong Kong and not continuously fulfilling their tax obligations during their absence, can still, by virtue of their Hong Kong permanent resident status, enjoy government-subsidised public services and benefits (including public housing and healthcare services) immediately upon returning to Hong Kong, leading to abuse and unfair distribution of Hong Kong's public resources. In this connection, will the Government inform this Council:
(1) whether it has reviewed the situation in recent years regarding the long-term absence from Hong Kong (e.g. not residing in Hong Kong continuously for three years or more) of Hong Kong people with Hong Kong permanent resident status and their return to Hong Kong, including whether it has ascertained the numbers of Hong Kong permanent residents who have been absent for a long period of time and have since returned, as well as the relevant data on their enjoyment of public healthcare services and public housing after their return; if such data are currently not available, whether the authorities will consider conducting systematic surveys to assess the actual situation regarding the use of public resources by such individuals and its impact on public expenditure;
(2) as the authorities indicated in their reply to a question raised by a Member of this Council on January 8, 2025, regarding persons emigrated overseas returning to Hong Kong for welfare benefits and services that the Government would continue to keep in view social changes and review the provision of the existing social welfare measures and public services from time to time, of the latest situation of the authorities' current review, and whether it will follow up on and address the relevant issues as soon as possible;
(3) whether it has reviewed if a balance between the rights and obligations of permanent residents can be struck under the existing welfare system, and whether it will further strengthen cross-departmental data sharing while considering tightening relevant regulations as appropriate to eradicate the misallocation of resources caused by "presence of benefits in the absence of the person";
(4) whether it has drawn reference from and studied the eligibility criteria or relevant mechanisms established by foreign countries (such as Canada and Singapore) for the enjoyment of social welfare and public services by permanent residents returning after long-term residence abroad, with a view to preventing the abuse of public resources; if so, of the details; and
(5) under the Basic Law and on the premise of ensuring no abuse of limited public resources, whether the authorities will comprehensively review the existing policies and measures on Hong Kong permanent residents' enjoyment of public services and benefits, and extensively consult the public during the review process; if so, of the specific details and timetable; if not, the reasons for that?
Reply:
President,
Public welfare and services provided by different bureaux and departments are multifarious and diversified. To ensure the proper use of public resources, relevant bureaux and departments formulate appropriate modes of operation and eligibility criteria as necessary, having regard to the nature and policy objectives of different public welfare and services, so as to meet the diverse needs of the public. In consultation with relevant policy bureaux and departments, I reply as follows:
Regarding public healthcare services, as the major public healthcare service provider, the Hospital Authority (HA) is committed to ensuring that no eligible citizen is denied appropriate healthcare services due to financial difficulty. Currently, any holder of a valid Hong Kong Identity Card and any child under 11 years of age who is a Hong Kong resident is regarded as an Eligible Person for subsidised public healthcare services. There is no requirement for service users to reside in Hong Kong for a specified number of days. Therefore, the HA does not require patients to provide information regarding the number of days they resided in or left Hong Kong when they seek medical consultation. The HA is also unable to compile statistics relating to the use of public healthcare services by Hong Kong residents who have been absent from Hong Kong for a long period of time or who return from places outside Hong Kong. The HA currently has no intention to conduct surveys on the use of public healthcare services by emigrants returning to Hong Kong.
Regarding public housing, persons applying for Public Rental Housing (PRH) and all family members must be residing in Hong Kong. Furthermore, all family members must still be living in Hong Kong at the time of flat allocation. Therefore, persons residing outside Hong Kong do not meet the general eligibility criteria for PRH application. In addition, starting from the declaration cycle in October 2023, to ensure PRH resources are duly allocated to those with more pressing housing needs, PRH tenants and all family members are required to declare every two years their occupancy status being continuously resided in their allocated flats, as well as compliance with the requirements in the tenancy agreement since moving in PRH. Through daily management work and regular home visits, estate management staff of the Housing Department (HD) will keep in view the occupancy status of tenants. Where an investigation confirms that a flat is vacant or a tenant has not resided in the flat on a continuous basis for more than three months, the HD will take appropriate tenancy enforcement actions, including tenancy termination.
Regarding social welfare, the Government puts in place requirements on age, means tests and permissible limits of absence from Hong Kong, etc, for different subsidised public services based on the policy objectives and needs of recipient groups. For cash assistance, to ensure the prudent use of limited public resources and the long-term sustainability of public finances, the Comprehensive Social Security Assistance Scheme and the Social Security Allowance Scheme (including the Old Age Allowance, the Old Age Living Allowance and the Disability Allowance) impose residence requirements, including permissible limits on the number of days of absence from Hong Kong before application and during receipt of payment. The specific requirements vary depending on the target beneficiaries and policy objectives of different schemes. These requirements aim to ensure that relevant Hong Kong resident recipients maintain close ties with Hong Kong, and prevent people who have resided outside Hong Kong for an extended period of time from claiming the allowances immediately upon their return to Hong Kong, or continuing to receive the allowances despite prolonged absence from Hong Kong. Reasonable flexibility is allowed when setting a limit on the number of days of absence from Hong Kong, enabling Hong Kong resident recipients to leave Hong Kong for short periods and facilitating beneficiaries to retire in Guangdong and Fujian Provinces.
As for subsidised welfare services, apart from elderly persons participating in the Residential Care Services Scheme in Guangdong, service users who are absent from Hong Kong and do not use the services for a prolonged period of time will be required to quit the services.
At present, there is no commonly adopted definition in respect of Hong Kong permanent residents being "absent from Hong Kong for a long period of time" or "returning to reside in Hong Kong". The Government does not maintain the statistics mentioned in the question.
In fact, public welfare and services vary in nature. Adjusting or even restricting access to public welfare and services by Hong Kong permanent residents who have been absent from Hong Kong for a long period of time or who are returning to reside in Hong Kong requires careful handling and cannot be generalised.
Ends/Wednesday, July 8, 2026
Issued at HKT 11:13
Issued at HKT 11:13
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