TNAG-1694-FCO40-2344-Broadcasting-in-Hong-Kong-1987 — Page 21

"SEP 08 '87 14:31 HERBERT SMITH HK-

12 -

part

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In assessing whether or not an injunction

ofܘܐܐisation or pubܐri

straining the serialisation or publication of the whole or re of "spycatcher" in Hong Kong is necessary for the protection of national security the following factors appear to me to be material

.

40and

4.

!

The defendants have participated in, sought to profit from and sided, and. abetted Mr. Wright's breaches of

.:

confidence and trust. They have even.

rewarded him for his pains. This is.

1

what, virtually to the exclusion

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though not the abandonment

ܐabandonnant of ad

1

other-argument, Mr. Ribeiro for the

Attorney General has urged on us ze

"

unconscionable conduct. The

dissenting speech of Lord Oliver, todutos

זי

which his revelation that judges..

L

encounter doubt and the process of reappraisal on the way to their. conclusions lends attraction,

suggests that had the "Observer" and "Guardian" likewise participated in Mr. Wright's breaches of duty and come under a fiduciary obligation he might have gone along wi

along with the

f

་

majority (9). In particular he

said:

***

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1

#trouv

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Again I accept that, the confidant who has himself made public the information confided to him cannot rely upon the publicity which he himself bas van generated so as to destroy the

(9) Attorney General v "Guardian" and "Observer"

newspapers transcript pp. 38, 39, 41 and 42

P. 13