7/17/2020 CACV73/2020 JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL … 64. As held by Ribeiro PJ in Hysan Development Co Ltd v Town Planning Board, supra, at [140] and elaborated by the Chief Justice in Kwok Cheuk Kin v Secretary for Constitutional and Mainland Affairs (2017) 20 HKCFAR 353 at [37]-[46], the location of the appropriate standards in the spectrum depends on many factors: the significance and degree of interference with the right; the identity of the decision-maker; the margin of discretion; the separate constitutional and institutional responsibilities and expertise of the Judiciary as compared with the decision-maker. The Judge described it as a holistic assessment. We respectfully agree. 65. The scope of challenge we have to decide in this appeal is much narrower than that advanced before the Judge. We have already explained the essence of the right of privacy by reference to the control over the extent of dissemination of information on a person’s residential address. The incursion to such a right, as analysed above, is substantial though the practical ramifications of such incursion may vary according to the personal circumstances of each individual. However, for those who have real concerns and would be likely to apply if there were a limited discretion to restrict publication, the consequences could be serious as their personal and family safety is at stake. 66. Confining ourselves to the single issue of whether there should be some form of limited discretion, we are unable to see any institutional handicap or any constitutional inhibition for the Court to consider the same. Counsel have taken us through the relevant Legislative Council papers and we cannot find anything focusing on the issue at hand in the debate on various proposals to reform the electoral system. 67. As observed by Sir Anthony Mason NPJ in HKSAR v Lam Kwong Wai (2006) 9 HKCFAR 574 at [45] and repeated by the Chief Justice in Fok Chun Wa v Hospital Authority (2012) 15 HKCFAR 409 at [81] and more recently in Kwok Cheuk Kin v Secretary for Constitutional and Mainland Affairs, supra, at [39]: https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=128057&QS=%2B&TP=JU&ILAN=en 21/39