After Kong Yunming v Director of Social Welfare : the status of socio-economic rights in Hong Kong

In the 2014 landmark case of Kong Yunming v Director of Social Welfare the highest court in Hong Kong recognised the justiciability of socioeconomic rights enshrined in the city's "mini-constitution". However, the case left crucial questions unanswered "” one of which relates to the standard of review to be adopted for adjudicating on socioeconomic rights, given the traditional concern for the separation of powers. This article appraises the development of constitutional reviews in relation to socioeconomic rights post-Kong Yunming. It explores the attempt by the Hong Kong courts to impose coherence on this area of law and how they sought to avoid the dangers of transgressing into the realms of the Executive through the application of the concept of proportionality. Such attempts bring to light novel perspectives and may prove valuable in those parts of the common-law world where the justiciability of socioeconomic rights is not currently recognised.