7/17/2020 CACV73/2020 JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL … 21. For the sake of completeness, reference should also be made to Section 21(1) of the Regulation which provides that the ERO may, at any time after the publication of a register, make available an extract from such published register for any purpose related to an election to any person the ERO considers appropriate. 22. There is however an issue between Mr Chan and Mr Raymond Leung SC (who appeared together with Ms Grace Chow for the Respondents) on whether there is a discretion to delink the addresses and the names in the extracts which may be made available under Section 21(1). Though the arguments were advanced in the context of the Fact-Specific Challenge, it is convenient for us to address them at this juncture as it is part of the overall statutory regime. 23. The relevant part of Section 21(1) reads: “the ERO may, before making available an extract, arrange entries in the extract in a form that Officer considers appropriate for the purposes of this section”. 24. Mr Leung drew attention to Section 3(2) of the Regulation which provides that an entry in a register must show the name and principal residential address of the person. Thus, a delinking of the information would mean that such information, once delinked, is not an entry. 25. On the other hand, Mr Chan submitted that under Section 2 of the Regulations a section of a register simply means “a part of the register”. There is no requirement that any “part” of the register must include the Linked Information. 26. In this respect, the Judge apparently agreed with Mr Leung. He alluded to the requirement of an entry at [7] of the Judgment. At [35], the Judge held as follows: “ The ERO has a discretion under s 21(1) to make available an extract of a published register to any person for any purpose related to an election. However, once he decides to exercise his discretion to make available an extract of the register to a person, he must provide a proper extract of the register showing the Linked Information.” https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=128057&QS=%2B&TP=JU&ILAN=en 8/39