7/17/2020
CACV73/2020 JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL …
85. Quite rightly, the Respondents attach great importance to ensuring the
openness and transparency of the election process as these are highly conducive
to maintaining the integrity of elections and public confidence in the same. We
certainly do not want this judgment to be read as casting any doubt on these
values. In particular, we are aware of the need of public vigilance for detecting
and uncovering election malpractices, as shown by the evidence on various
examples where the journalists’ or the public’s inspection of the Linked
Information led to further investigation and the detection of vote-rigging and
other election malpractices.
86. The general benefit of disclosure of the Linked Information to the public
and to election candidates is recognized. We further accept the submissions of
Mr Shieh that the role of the press in this regard should also be borne in mind.
It is not necessary for us to recite in this judgment the evidence that Mr Shieh
took us through on the efforts of the journalists in carrying out investigations
which helped to uncover vote-rigging and other election malpractices. The
EAC’s Report on the 2011 District Council Election[13] and the paper
submitted by the Registration and Electoral Office to LegCo in LC Paper No.
CB(2) 2238/11-12(02)[14] acknowledged the contribution of the press in this
regard. The Deputy Secretary for Constitutional and Mainland Affairs also
alluded to the indispensable role of the political parties and the press in the
maintenance of the integrity of the electoral system at paragraphs 29 to 30 and
37 to 38 of her Second Affirmation of 6 November 2019[15]. There is also
evidence before the Court that the journalists took care to safeguard the
information obtained from the electoral registers, which was circulated to
members of the editorial team on a “need-to-know” basis[16]. We do not find
any basis to suggest that there had been misuse of the Linked Information by
the press.
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