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It is conceded that arguable causes of action lie against the defendants for breach of the duty imposed upon them by reason of their acquisition of information known to have been obtained by Mr. Wright in circumstances of
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confidence and of their consequential responsibilities as trustees of that, information; this albeit they may well share the opinion expressed by Mr. Harold Evans (1), the former Editor of "The Sunday Times" who committed that newspaper to the mission of testing the parameters of "press freedom", that the action for breach of confidence is one of the unique restrictions on the freedom of the press in Britain."
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Since it is also common ground that by reason of the North American publications, if not of the detailed and circumstantial.judgment of Powell J. in New South Wales, nothing alleged by Mr. Wright to date remains secret no more than two questions of law are really in issue between the parties. The first is whether or not the Attorney General still, has any interest which he can invite the Court's of Hong Kong to protect by way of injunction and the second,' if he has such an intereat, whether it is arguable that he may obtain a permanent injunction after trial
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The House of Lords was faced with very much th
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same questions of fact and law last July on "appeals by the"" London "Observer" and "Guardian" newspapers, relying on the publication of Spycatcher" in the United States of America, against the refusal of the Court of Appeal · Fully ́t
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discharge interlocutory injunctions which had been granted against them at the auit of the Attorney General during 1906 in virtually identical terms to that so recently granted in Hong Kong by Bewley J. In dismissing the
In dismissing the appeals and imposing more stringent injunctions 'the majority in a deeply
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(1) "Good Times Bad Times" published
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by Weidenfeld & Nicholson, p.10
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Page 45Page 46
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SEP 08 '87 14:27 HERBERT SMITH HK