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SEP 08 '87 14:34 HERBERT SMITH HK
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abroad.
Nothing will ever
again be confidential save the identity of a source whom a newspaper wishes to conceal,"
Having regard to (6) and (7) above, I am satisfied that the failure to restore now the interlocutory injunction granted by Bewley J. is capable of causing much greater injustice to the Attorney General, representing a vital public interest, than its restoration, which
will preserve the status quo, is capable of causing to the defendants whose attitude reflects another vital public interest. Further, balancing all the factors outlined I am also satisfied that the restoration of the injunction is necessary for the protection of national security.
It was submitted by Mr. Lester, somewhat faintly to us that by reimposing the injunction this Court would be
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weakening the protections with the Common Law affords to individual freedom at the instance of "The State". This #uggestion I emphatically reject. I am sure it is appreciated by all fair-minded persons that the Courts do not react to pressu
to pressure from any quarter be it from government, the media, corporations for individuals however powerful, The situation after 1997, canvassed below and which I regard as irrelevant, will continue to depend upon the integrity of the judiciary at the time.
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of the nine points relied upon by Barnett J.
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the basis for the exercise of his discretion to discharge the injunction only two accord with those which I believe to be important, namely that the Attorney General has an
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arguable case and that there remains a legitimate interest to be protected in Hong Kong. He fell into error in failing to-discern the difference between breaches of confidence and breaches of fiduciary duty and what permanent and
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irrevocable damage will be done to the Attorney General by prior publication, He also fell into error in holding that
The