7/17/2020 CACV73/2020 JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL … 99. Fourth, it is submitted that there are resource and policy implications and the Court should give due weight to the balance struck by the electoral authorities and the legislature. We have actually covered these grounds in the discussion on the appropriate standard of review. In short, in view of the substantial incursion upon the fundamental rights in the context of the limited issue raised in this appeal, and the absence of any institutional handicap in carrying out the assessment, this Court should apply the no more than necessary standard in the proportionality analysis. Whilst the Court will accord a margin of discretion to the electoral authorities and the legislature on the scope of the limited discretion and mechanism for its operation, on the question whether there should at least be some form of discretion the Court cannot avoid asking the relevant questions as discussed at [76] to [91] above. 100. Fifth, it is submitted that there are legal and administrative safeguards against misuse of the Linked Information and the right of privacy has been duly taken care of. The Judge also alluded to the safeguards in place at [84] and [85] of the Judgment. The safeguards were described at [84(1) to (5)] as follows: “(1) Under s 22(3) of the Regulation, any person who – ‘ (a) reproduces or permits another person to reproduce in any form any particular contained in an entry in a register or an extract from a register; (b) uses or permits another person to use any information relating to a person obtained for the purpose of compiling a register; (c) uses or permits another person to use any information relating to a person contained in a register or an extract from a register; or (d) imparts to any other person any information referred to in paragraph (a), (b) or (c)’, for a purpose other than a purpose related to an election, commits an offence and is punishable with a fine at level 2 and imprisonment for 6 months. (2) These prohibitions apply to any person who inspect a register under s 20 of the Regulation, and any candidate to whom an extract of a relevant part of the final register is supplied by the CEO under s 38(1) of the Electoral Procedure Regulation. https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=128057&QS=%2B&TP=JU&ILAN=en 32/39