SEP 08 '87, 14:33 HERBERT SMITH HK
15-
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7. On the alternative hypothesis that
the Attorney General's claim, if tried, will fail the effect of having continued the temporary injunction until that time would only be to have postponed, not to have prevented, the exercise by South China Morning Post Ltd and the other defendants of the
8.
Istan
•
.
The assessment of
right to publish which it will, in that event, have been established that they had. demages under the Attorney General's cross undertaking will, nevertheless, be difficult and, coupled with the interest of the public in receiving information sooner rather than later, leads to the conclusion that damages would not be an adequate remedy for the defendants either.
The unhappy precedent that would be created in Hong Kong by 'failur restore the injunction. Adopting and adapting now a "passage from the speech of Lord Templeman(13);
"If the injunction does not continue in the present case' an immutable precedent will have been created. It ́must follow that any disgruntled public servant or holder of secret confidential information relating to the Security Service can achieve,mass circulation in Hong Kong of damaging trutha and falsehoods by the device of prior Jacunpublication anywhere else
(13) at pp.211-212 of the transcript
+
A
P.16
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