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. https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=128057&QS=%2B&TP=JU&ILAN=en 36/39

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