SEP 08 87 14:30 HERBERT SMITH HK
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Well, there has been a paucity of evidence and much public discussion in relation to "Spycatcher and as to whether or not an infunction should have been or should be granted
in this jurisdiction or that." Like Courts elsewh
Like Courts elsewhere those in Hong Kong can only do their best in the circumstances.
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The importance which as a matter of public interest the Common Law attaches to the free flow of information generally needs no emphasis The reason is illustrated by considering, as an example, the investigation by the media of crime," the safety of drugs, suspected abuses of power, maladministration, the conduct of the police, bribery, fraud” and büsiness malpractice. While obviously conducted with a view to increased circulation or audience ratings and advertising revenue such activity redounds to the public advantage by uncovering information which would not voluntarily be made available and thereby gives rise, in many instances, to remedial action by government,
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institutions, corporations and individuals.
It can further and cogently be argued that the Hong Kong like the British public has a particular and legitimate interest even in stale allegations about the activities of the British Security Service when made by a former member.
Although Lord Scarman, having retired as an active Lord of Appeal in Ordinary, has criticised in the pages of "The Times" the decision of the majority of the House of Lords in the "Observer" and "Guardian" appeals he had earlier made plain in his dissenting judgment in Home Office v Harman(8), where the majority" decision was subsequently
decision criticised at Strasbourg," that
"These large rights, basic to human
dignity and therefore of great weight in
any balance cannot be absolute
(B) 1983 AC 280 at p:311
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