21 May 2020
JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL AFFAIRS COMMISSION AND OTHERS
- Citation
- [2020] HKCA 352
- Court
- Court of Appeal
- Case number
- CACV73/2020
Section 20(3) of the Regulation, which mandates unrestricted public inspection of electoral registers containing Linked Information without any discretion to withhold disclosure for electors who can demonstrate real safety risks, disproportionately infringes BOR14 (privacy) and indirectly BL26 (right to vote); a limited discretion or review mechanism is required. Section 38(1) (supply to candidates) is proportionate and upheld.