TNAG-1694-FCO40-2344-Broadcasting-in-Hong-Kong-1987 — Page 15

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divided. House, Lord Brandon, Lord Templeman and Lord Ackner, held that despite the American publication the Attorney General had demonstrated a continuing interest worthy of protection and an arguable case for permanent injunctions after.triai(2). Such findings, including those as to the adequacy of damages or an account of profits as a means of protecting the Attorney General's interest, effectively bind this Court before which the same as well äs additional arguments are advanced unless some material consideration does not obtain or has markedly less force in the context of Hong Kong,

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The continuing intereat principally relied upon by

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the majority in the House of Lords was the need to discourage Mr. Wright and other avaricious or disgruntled members or retired members of the Security Service From publishing further purported revelations in breach of confidence. The finding as

The finding as to continuing interest affected by local considerations and we are bound by it. For good measure, Barnett J., after some hesitation, found to the same effect and there is no appeal against such finding. If I understand his judgment correctly he did not go on to follow, in the circumstances of Hong Kong, the finding by the majority of the House of Lords that there was an arguable case for a permanent injunction.

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Since Mr. Wright has been precluded from exploiting the United Kingdom-market, at least until after the trial of the proceedings between the Attorney General and the "Observer" and "Guardian" newspapers, he must look elsewhere for monetary gain or the satisfaction of having his story widely retailed or both as his motivation may be. Whether or not the potential readership in Hong Kong be

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(2) Attorney-General v Guardian Hewspapers Ltd and The

Observer Ltd and Ora

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"The Times" April 14th. 1987. and transcript

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