7/17/2020
CACV73/2020 JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL …
(2) ensuring a highly transparent mechanism for the public to inspect, and make
claims and objections in respect of, the registers, and to detect vote-rigging
and/or other corrupt/illegal electoral conduct, thereby contributing to the
preservation of the integrity of the electoral system (“the Transparent Election
Aim”); and
(3) facilitating electioneering activities by candidates, in particular enabling
them to send their election materials or conduct personal visits to particular
electors or groups of electors at their places of residence (“the Electioneering
Aim”)”.
8. The Judge also found that the Impugned Measures are rationally connected
with the latter two of these aims. But he was not satisfied that they are
connected with the Electoral Status Aim[2].
9. In this appeal, Mr Abraham Chan SC (appearing on behalf of the applicants
together with Mr Tony Ko and Mr John Leung) did not challenge these
conclusions of the Judge.
10. The background leading to the applicants making the present judicial
review application was set out in this Court’s judgment (Poon Ag CJHC and
Lam VP) (“the CA Judgment”) of 22 October 2019[3] and the Judgment of
the Judge of 8 April 2020[4]. As highlighted by the Judge, the challenge is not
advanced upon any special rights or interests of police officers[5]. Instead, it is
based upon the rights to privacy, family and home under BOR 14 and BL26
enjoyed by every ordinary member of the public. Whilst the application was
brought against concerns over large scale and malicious doxxing practices[6],
such practices involved misuse of personal data in various respects. In light of
the evidence, we accept that the Judge was entitled to find that abolition of
public access to the electoral registers is not the answer to doxxing. However,
retrieving personal data of targeted individuals for misuse is an aspect (though
not the only aspect) of doxxing. The crux of this appeal relates to the misuse of
the Linked Information and it could occur in the context of doxxing as well as
other contexts.
11. The applicants’ challenges are two-fold:
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