SEP 08 '87 14:26 HERBERT SMITH HK
5
P.6
T
1 +1
:
•
It is conceded that arguable causes of action lie against the defendants for breach of the duty imposed upon them by reason of their acquisition of information known to have been obtained by Mr. Wright in circumstances of confidence and of their consequential responsibilities as trustees of chap, information; this albeit they may well share the opinion expressed by Mr. Harold Evans (1), the former Editor of The Sunday Times! who committed that newspaper to the mission of testing the parameters of "press freedom", that the action for breach of confidence is one of the unique restrictions on the freedom of the prèss in Britain."
ๆ
J
•
7
I
↓
1
Since it is also common ground that by reason of the North American publications, if not of the detailed and circumstantial judgment of Powell J. in New South Wales nothing alleged by Mr. Wright to date remains secrét "no more than two questions of law are really in issue between the parties. The first is whether or not the Attorney General still, has any interest which he can invite the Court's of Hong Kong to protect by way of injunction and the second, if he has such an interest, whether it is arguable that he may obtain a permanent injunction after trial
I
י.
1
4
T
•
¿
1
7
The House of Lords was faced with very much' 'the' same questions of fact and law last July on appeals by the London "Observer" and "Guardian" newspapers, relying on the publication of "Spycatcher" in the United States of America, against the refusal of the Court of Appeal fully to discharge interlocutory injunctions Which had been grå against them at the suit of the "Attorney General during 198 in virtually identical terms to that so recently granted in Hong Kong by Bewley J. In dismissing the appeals and imposing more yetringent injunctions 'the' majority in a deeply
1
4
.'
$
- ',
d
(1) "Good Times Bad Times" published
by Weidenfeld & Nicholson, p.10
J
A
4
No comments yet.
Private notes are available after approval.