SEP 08 '87 14:31 HERBERT SMITH HK-
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In assessing whether or not an injunction
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restraining the serialisation or publication of the whole or part of Spycatcher" in Hong Kong is necessary for the
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protection of national security the following factors appear
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to me to be
חיי
فى
4.
Y
1.
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terial:
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The defendants have participated in sought to profit from and aided, and. abetted Mr. Wright's breaches of confidence and trust, They have even.
rewarded him for his pains. This is.
what, virtually to the exclusion
though not the abandonment of all
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other argument, Mr. Ribeiro for the
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Attorney General has urged on us 46 unconscionable conduct. The
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dissenting speech of Lord Oliver, todutan which his revelation that judges.
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encounter doubt and the process of
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reappraisal on the way to their
conclusions lends attraction,
suggests that had the "Observer" and "Guardian" likewise participated in Mr. Wright's breaches of duty and
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come under a fiduciary obligation he might have gone along with the majority(9) In particular he
said:
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"Again I accept that the
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רי דין
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confidant who has himself made public the information confided to him cannot rely upon the publicity which he himself has *w* generate 80 to destroy the
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(9)
Attorney General v "Guardian" and "Observer" newspapers transcript pp. 38, 39, 41 and 42:
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