SEP 08 '87 14:41 HERBERT SMITH HK"
言
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The Defendants chose not to argue that the judge in error in this respect and should have found futility.
In relation to
to the cause of action in breach of confidence, I can see no material distinction between the position before their Lordship's house and that before this Court, To my mind the factual differences between the position in the United Kingdom and the position in Hong Kong are differences of degree and of scale, not differences of kind. I am minded to think that there is the same divergence here between the levels of public knowledge before and after serialization. From the Defendants' own evidence the quantum of press coverage of this dispute and of the legal proceedings in Australia and U.K. was comparatively" modest It was stimulated by the South Ching Morning Post" itself on 22nd July, the very day on which it. initiated its purchase of publishing rights. This bid and the desire to serialize are not consistent with the. existence then of public knowledge as a whole. The British Security Service is Hong Kong's Security Service. No distinction can be drawn between its
its work in either
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The effect on their morale and
former members being free to
location. There is no comparison between the position here and that in countries such as Australia which have their own security service. Security service personnel, no doubt, work here and visit here. discipline of one of their embarrass the service and their colleagues past and present for his own profit in this area of their work cannot be wholly dismissed. In my judgment, Lord Brandon's analysisapplies equally to this case.
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In relation to breach of fiduciary duty, the Plaintiff's position is different and stronger. Lord Oliver called the distinction between The Guardian and The Observer on the one hand and The Sunday Times on the other a point of "critical importance"(18). The f
The former were in no way
1
directly linked with Mr. Wright and obtained all their,
(18) Transcript p.38
P.S
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