7/17/2020
CACV73/2020 JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL …
109. For those cases, the existing scheme under Section 20(3) fails to strike a
fair balance between the rights of the individual electors concerned and the
societal benefit to be derived from the same in terms of the furtherance of the
Transparent Election Aim.
110. We will therefore allow the appeal to that limited extent.
111. As we said above, it falls upon the electoral authorities and the legislature
to decide how the limited discretion should be formulated and implemented in
practice. We acknowledge that these are matters involving policy and resource
considerations to which the Court would accord due margin of discretion.
The Fact-Specific Challenge
112. In light of our conclusion on the Constitutional Challenge, as submitted
by Mr Chan there is no need to dwell on the Fact Specific Challenge. We do
not propose to address the same in this judgment.
Relief
113. At the moment, there is an interim injunction restraining the publication of
the electoral registers or supply of extracts or information “such that members
of the public are able to associate the electors’ names with their respective
principal residential address”.
114.
It is obvious from this judgment there should be relaxation of that
injunction at least in the following respects:
(a) The supply of the Linked Information to candidates pursuant to
Section 38(1);
(b) The restricted inspection of the electoral registers by members of
the press and political parties for a purpose related to the election.
115. We are reminded by Mr Leung that for the purposes of the upcoming
Legislative Council election, the provisional electoral registers have to be
published by 1 June 2020.
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