SEP 08 '87 14:32 HERBERT SMITH HK
5.
14
ול
injunction in terms similar to that
granted by 'Bewley
arguable one
remains an
The only way in which it can justly
be decided whether the Attorney
་
·
General's case, being still arguable, should succeed or fail is by having the action tried.
i
6.
On the hypothesis that the Attorney General's claim, if tried, will succeed the effect of refusing to reinstate the temporary injunction now would be to deprive him
summmarily and without a trial of all opportunity of achieving that
succes •
By the time the action came 'on
on for hearing, and it need not long be delayed, Mr. Wright, Heinemanna
4
and the defendants would have
published all the material they
!
i
considered of interest to the Hong Kong public and Mr. Bright's profita would safely be lodged in Tasmania > the USA, Switzerland or other safer haven of his choice. The Attorney General would be left with the
:
+
•
difficult, if not wholly
impracticable and derisory remedy of
seeking damages or
or an account of
+
profits; hardly an adequate deterrent or remedy to protect his interest in secret information held in confidence and trust +
The grant of a permanent
ماده ای
injunction after trial would be futile. Further, the motives of Mr. Wright, the
the defendants or potential
?
imitators may not be mercenary.
P.15
1
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