7/17/2020 CACV73/2020 JUNIOR POLICE OFFICERS�� ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL … Overview of the Constitutional Challenge 18. In the court below, the applicants challenged three provisions, Sections 20(3) and 21(1) of the Regulations and Section 38(1) of the Electoral Procedure Regulation. In this Appeal, Mr Chan narrowed the Constitutional Challenge to focus on Section 20(3) of the Regulation and Section 38(1) of the Electoral Procedure Regulation (“Impugned Provisions”): (1) Section 20(3) of the Regulation reads: “The Electoral Registration Officer must make available for public inspection, a copy of the final register at the place or places specified in the notice during ordinary business hours.” (2) Section 38(1) of the Electoral Procedure Regulation reads: “The Chief Electoral Officer must supply to each candidate— (a) in the case of the first ordinary election, a copy of the part of the final register; or (b) in the case of any subsequent ordinary election, an extract of the part of the final register, which relates to the constituency for which that candidate is nominated.” 19. In short, under the Impugned Provisions, the Linked Information of a registered elector as recorded in the Final Register would be available (1) to the public for inspection at place(s) specified by the ERO and (2) to the candidate(s) for the constituency to which the elector belongs. 20. In his oral submissions, counsel focused more on the publication of the register to the public, viz the challenge against Section 20(3) of the Regulation. The discretion under Section 21(1) of the Regulation https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=128057&QS=%2B&TP=JU&ILAN=en 7/39