138. In seeking to address basic, "safety net" needs pursuant to an accessible and predictable set of administrative rules, the CSSA scheme clearly comes within the Article 36 concept of a "social welfare" scheme established "in accordance with law". It receives Article 36 protection, and while the Government has a wide margin of discretion, both in defining the conditions and level of the benefit in the first place, and in making any changes pursuant to policies developed in accordance with Article 145, such changes are subject to constitutional review.
139. Restrictions on rights protected by Article 36 must pursue a legitimate societal aim and must be rationally connected with the achievement of that end, employing measures that do not make excessive inroads into the protected right. If the restriction is not rationally connected to the avowed legitimate purpose or if the inroads it makes into the protected right are manifestly without reasonable foundation, the Court may declare the measure unconstitutional.
摘錄自 "Position Paper on the Proposed Environmentally Friendlv Linkage System (EFLS) at Kowloon East", 香港規劃師學會 (Hong Kong Institute of Planners), 2012年9月：
3. On the specific mode as proposed, we have some doubts on both the environmental/urban design impacts and the financial viability of a monorail system. While the rider experience would be stimulating, a two-way system would encounter significant problems pertaining to:
• The physical impact on the ground level environment • The environmental impact of noise, ventilation, and on other street activities • The visual impact of heavy concrete structures and sound screening structures • The problems associated with vertical ingress/egress to and from elevated platforms • The fixed alignment which does not allow for future re-routing • The heavy front-end cost for implementation and the difficulties of cost-effective staging of route sections.
摘錄自 "Environmentally Friendly Linkage System for Kowloon East", 香港運輸物流學會 (The Chartered Institute of Logistics and Transport in Hong Kong), 2012年4月
The generic disadvantages of monorail systems when compared with other public transport systems are set out below. • Monorail systems require the construction of an elevated, dedicated track. • The costs of construction are high. • The time for construction is long. • The elevated structure creates problems for direct integration with other transport systems. • The grade-separated stations make access by both able and disabled passengers difficult. • The flexibility to follow the evolution of ridership and frequencies is very low. • The operating costs, in particular the maintenance costs, are high. • Emergency evacuation of passengers is difficult.