YLcracEm་17པརཚུལ་m108a19653#2་
SEP 08 '87 14:32 HERBERT SMITH HK
i
14
5.
injunction in terms similar to that
J
granted by Bewley J. remains an
arguable one.
The only way in which it can justly
be decided whether the Attorney General's case, being still arguable, should succeed or fail is by having the action tried.
6. On the
hypothesis that the Attorney
!
General's claim, if tried, will succeed the effect of refusing to reinstate the temporary injunction
now would be to deprive him
summmarily and without a trial of all
1
opportunity of achieving that
* **;
succes By the time the action came on for hearing, and it need not long be delayed, Mr. Wright, Heinemanna
and the defendants would have published all the material they
1
considered of interest to the Hong
4.
·
י ;'י
Kong public and Mr. Bright's profits would safely be lodged in Tasmania, the USA, Switzerland or other safer haven of his choice. The Attorney
General would be left with the
!
difficult, if not wholly
A
impracticable and derisory remedy of seeking damages or an account of profits; hardly an adequate deterrent or remedy to protect his interest in secret information held in confidence and trust The grant of a permanent injunction after trial would be futile. Further, the motives of Mr Wright, the defendants or potential imitators may not be mercenary.
P.15