7/17/2020 CACV73/2020 JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL … 80. In respect of the Electioneering Aim, we agree with the Judge’s analysis at [93] and [94] of the Judgment. There can be impediments to effective canvassing if Linked Information of a registered elector is not made known to a candidate. In other words, the Electioneering Aim could be partially frustrated if there is a limited discretion in withholding Linked Information of some electors to a candidate. The extent of the adverse impact would depend on the number of electors involved. If the threshold for the exercise of the discretion is high, the number may not be substantial. 81. At the same time, given the limited scope of disclosure under Section 38(1) (confined to candidates to an election), we cannot see any real risk of such candidates having any interest in misusing the Linked Information to cause harm to a registered elector. 82. Further, the disclosure under Section 38(1) would also serve the Transparent Election Aim as the candidates to an election would certainly have an interest in upholding the integrity of the same and can make use of the Linked Information to participate in cross-checking against vote-rigging. 83. Taking all these factors into account, we agree with the Judge that the disclosure under Section 38(1) is proportionate even under the “no more than necessary” approach. In other words, even if there were to be a mechanism for the exercise of a limited discretion for the vulnerable persons mentioned at [53] above, we do not think that such limited discretion should affect the operation of Section 38(1). 84. Turning now to Section 20(3) of the Regulation, it serves only the Transparent Election Aim. As we have said at the beginning of this judgment, having public inspection of the register as part of the system involves resourceladen and policy considerations and for ordinary cases we are in agreement with the Judge that it is proportionate. https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=128057&QS=%2B&TP=JU&ILAN=en 26/39