7/17/2020 CACV73/2020 JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL … 92. Notwithstanding that, Mr Leung on behalf of the Respondents and Mr Shieh on behalf of the HKJA sought to argue that the existing system has already struck a fair balance. First, it is said that the infringement of the right to privacy is minimal and there is no evidence on the causal link between doxxing and the publication of the electoral registers. 93. We have explained above our analysis on the nature and extent of interference of the privacy rights. For those who have justifiable fear for safety arising from unrestricted public disclosure of residential address, we do not accept that the interference is minimal. As the limited discretion is to cater for these people as opposed to ordinary members of the public, the extent of interference should be examined from their angle. We have also explained why we do not confine our analysis by reference to the phenomenon of doxxing though it was the background leading to the present application for judicial review. 94. Second, it is said that the design of the electoral system should be left to the electoral authorities and the Court should not insist on a particular system practised in a foreign jurisdiction to be adopted in Hong Kong. Further, even there if could be hardship in some special cases, they are just cases falling onto the wrong side of a bright line which has to be drawn in a system. The question for the Court is not whether the best, or optimal, measure has been adopted or whether there is any alternative better measure that could be adopted. The question for the Court is whether the current system sets a proportionate restriction on the rights engaged. 95. As discussed, we have no quarrel with these propositions as general statements of familiar public law principles. We also have no intention of prescribing that the Hong Kong system must follow a particular model practised elsewhere. As said above, it is not the function of this Court to formulate electoral policy or to devise a particular electoral system. These remain the task to be performed by the electoral authorities and the legislature and they must have regard to local social and political circumstances in formulating electoral policies and system for Hong Kong. https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=128057&QS=%2B&TP=JU&ILAN=en 30/39