7/17/2020
CACV73/2020 JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL …
41. As regards family members and friends, the person could exercise his or
her own judgment as to the reliability of such recipients in protecting the
confidentiality of his address before giving them the information.
42. Hence, the fact that people disclose residential addresses from time to time
does not undermine the importance of the right to control the dissemination of
that piece of information. That right is the subject of protection of the right to
privacy.
43. By virtue of the Impugned Measures, such right of control of a registered
elector in this respect is taken away. Whilst there are safeguards in place, and
we shall discuss those safeguards later, the incursion of the right is nonetheless
a substantial one since a registered elector is deprived of any choice to retain
effective control over the extent of dissemination of information on his
residential address to the outside world if he wishes to exercise the right to
vote.
44. The importance of the privacy interest in one’s residential address varies
from individual to individual. Depending on personal circumstances, lifestyles
and preferences, there are some who place greater regard on the privacy of their
home addresses and there are also others who do not mind giving away such
information to others.
45. Also the consequences of such disclosure for each individual would be
different. For someone who is or has been a victim of stalking or who has the
unfortunate experience of domestic violence or may otherwise be targeted for
attack, the confidentiality of his residential address would be highly important
and the consequences for negating such confidentiality could be serious.
https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=128057&QS=%2B&TP=JU&ILAN=en
14/39