SEP 08 '87 14:33 HERBERT SMITH HK
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7. On the alternative hypothesis that
thể Attorney General's claim, if tried, will fail the effect of having continued the temporary injunction until that time would only be to have postponed, not to have prevented, the exercise by South China Morning Post Ltd and the other defendants of the right to publish which it will, in that event, have been established that they had. The assessment of pidemages under the Attorney General's
cross undertaking will, nevertheless, be difficult and, coupled with the interest of the public in receiving information sooner rather than later, leads to the conclusion that damages would not be an adequate remedy for the defendants either.
8.
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The unhappy precedent that would be created in Hong Kong by 'failure to
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restore the injunction. Adopting and
adapting now a passage from the
speech of Lord Templeman (13):
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"If the injunction does not continue in the present case an immutable precedent wild, have been created. It must follow that any disgruntled public servant or holder of secret or confidential information
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relating to the Security
Service can achieve.mass
circulation in Hong Kong of
damaging trutha and falsehoods by the device of prior
dacak publication anywhere else
(13), at pp.211-212 of the transcript
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