SEP 08 '87 14:47 HERBERT SMITH HK
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3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may
therefore be subject to certain restrictions, but these shall only be such as are provided by law and are
necessary,
(a) For respect of the rights or reputations of others;
(b) For the protection of
national security or of public
order (ordre public), or of public health or moral
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Freedom of expression was taken into account by the trial judge when he was considering the balance of convenience, but Mr. Ribeiro criticised his approach on the grounds that having found it to be a matter of importance he had incorrectly cast a burden upon the Attorney General co show a sufficient interest that had to be protected before
the right to freedom of speech could be e overturned. In support of his submission he referred to Lion Laboratories Ltd. v. Evans (23) as authority for the proposition that upon an interlocutory application the Court will favour restraint to protect a duty of confidence unless the defendant has a serious defence of public interest which may succeed at the trial. He also contended that a distinction. should be drawn between news that is in the public interest and news which is merely of interest to the public. It hạn been suggested that the contents of "Spycatcher" do not. qualify as news which is of public interest but merely provides "a good read" as it was put by Barnett, J. There, is obviously a difference between news that relates to the. protection of national security and that which protects the reputation or rights of others but the information contained in "Spycatcher" is undoubtedly of considerable interest to
Is
the public in Hong Kong..
A
+
(23) [1984] 3 w... 539
זי
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1
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+
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I accept that freedom of
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