7/17/2020
CACV73/2020 JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL …
Date of Judgment: 21 May 2020
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JUDGMENT
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Hon Poon CJHC:
1. I agree with the judgment of Lam VP.
Hon Lam VP:
2. This appeal was brought by the applicants against the judgment of Chow J
(“Judge”) in HCAL 3042/2019 dated 8 April 2020 (“Judgment”), which
concerned their application for judicial review against an aspect of the current
registration and electoral system in Hong Kong requiring the electoral registers
showing the names of the registered electors together with their principal
residential address (“Linked Information”) to be made available for public
inspection (“Impugned Measures”).
3. The respondents are the electoral authorities in charge of the various aspects
regulating the system on electoral affairs in Hong Kong. Their respective roles
and functions were set out by the Judge at [3] to [6] of the Judgment:
3. The Electoral Affairs Commission (“EAC”) is a body corporate established
under s 3 of the Electoral Affairs Commission Ordinance. It consists of a
Chairman (who must be a Judge of the High Court and whose appointment must
be made in consultation with the Chief Justice of the Court of Final Appeal) and
2 other members appointed by the Chief Executive. The functions of the EAC
are, inter alia, (i) to be responsible for the conduct and supervision of elections,
(ii) to supervise the registration of electors, and (iii) to generally make
arrangements, take such steps or do such other things as it considers appropriate
for the purpose of ensuring that elections are conducted openly, honestly and
fairly.
4. The Regulation and the Electoral Procedure Regulation are subsidiary
legislation made by the EAC pursuant to the powers conferred on it under s 7 of
the Electoral Affairs Commission Ordinance.
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