7/17/2020 CACV73/2020 JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL … 14. On (1), since having a principal residence at a particular constituency is an eligibility requirement, it goes without saying that a registered elector must inform the electoral authorities of his principal residential address. 15. On (2), in light of the undisputed evidence on the reliance placed in Hong Kong on public scrutiny to maintain the integrity of the electoral registers[7], having public inspection of the register as part of the system in ordinary cases is clearly proportionate. In this respect, we accept the submissions of the respondents that there are resource-sensitive and policy considerations in the application of the proportionality analysis and the court should adopt the “manifestly without reasonable foundation” standard in respect of the electoral system in general. That said, as will be seen from what we say below, the same standard of assessment does not necessarily apply when considering particular aspects of such system. 16. Further, although Mr Chan did comment upon the utility of publication of Linked Information as a measure to serve the Transparent Election Aim in his written submissions, at the hearing of the appeal we did not understand Mr Chan to be objecting to the disclosure of Linked Information to professional reporters and public media as a mode of public scrutiny of the electoral register for purposes related to an election. Nor did Mr Chan appear to be objecting to disclosure of the Linked Information to the candidates in an election for electioneering purposes. In those respects, we agree with the assessment of the Judge that there is sufficient basis to conclude that disclosure of Linked Information in those circumstances is generally proportionate and strikes a fair balance. 17. What gives rise to concern on our part, however, is the absolute unrestricted nature of public inspection and the lack of possibility of exemption from disclosure to the public generally even in cases where the registered elector can demonstrate that he has a real concern for the safety of himself and those residing with him, resulting in an interference with his BOR 14 and BL 26 rights. This was the focus of debate in this appeal. https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=128057&QS=%2B&TP=JU&ILAN=en 6/39