SEP 08 '87 14:48 HERBERT SMITH HK
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expression in Hong Kong is not absolute, and that the press is not above the law, but it is a factor, albeit an important one, to be taken into consideration when weighing the balance of convenience. Nevertheless, I agree that this case does not involve an attack on freedom of speech. Barnett, J., in dealing with the balance of convenience said at page 16 of his judgment "On the basis of deterrents only
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vestigial interests are left to protect in Hong Kong.
When the original injunction was granted in
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England secrecy was the paramount consideration, but since publication in the United States the situation has altered dramatically. Although the book is available in many countries the Attorney General says that the defendants. should not be permitted to publish because it is unconscionable to do so and by refusing an injunction will deprive him of his right to argue that a permanent injunction should be granted at the trial,
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There may be a distinction between the case of the Observer and the Guardian who merely wish to comment upon the book and the Sunday Times and the defendants who wish to serialise extracts. The stamp of authenticity of
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Mr. Wright as a former member of the Security Service reflects this distinction. However, it seems to me more apparent than real. Although it has been suggested that a dealy in publication until the trial will not affect the defendants because the events in the book happened a long
1960s with the latest taking place in 19608 w time ago in the 1950s, about 1974, there is no doubt that it is "hot news" now. will probably not be "hot news" by the time the trial takes. place in six to twelve montha time. That, of cours
of course, is not a reason for publication if restraint in the public interest can be justified. Can restraint be justified when the book is available although only on a limited scale when, no secrets are left to be protected and the only live issue that remains is to deter others. It is highly improbable
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