TNAG-1632-FCO40-2248-Ministerial-visits-from-the-UK-to-Hong-Kong--including-visit-1987 — Page 77

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

injunction against publication, but the injunction was lifted by the Hong Kong High Court on 24 August. The UK Attorney General appealed and in a 2-1 judgement the Hong Kong Court of Appeal upheld the original injunction. The paper has since sought leave to

A decision appeal to the Judicial Committee of the Privy Council.

on whether leave will be granted will probably be taken in mid-September: and if it is granted, the case might be heard in

October.

9.

are

The case (and the High Court judgement, which referred to Hong Kong's "unique political situation" as a relevant factor has provoked some comment in Hong Kong to the effect that HMG seeking to stifle free speech in the territory, and that this will have implications for individual freedoms after 1997. The Hong Kong Government has understandably taken the position that the present legal action is a matter for the UK government on which they will not comment. Our position remains that this is not a matter of freedom of speech, but one of maintaining the principle of confidentiality owed by a member of the Security Service to the

Crown.

Hong Kong Department

September 1987

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