TNAG-1694-FCO40-2344-Broadcasting-in-Hong-Kong-1987 — Page 38

SEP 08 '87 14:47 HERBERT SMITH HK

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3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary..

(a) For respect of the rights or reputations of others;

(b) For the protection of

national security or of public

order (ordre public), or of public health or morals."

Freedom of expression was taken into account by

➡

the trial judge when he was considering the balance of convenience, But Mr. Ribeiro criticised his approach on the grounds that having found it to be a matter of importance he had incorrectly cast a burden upon the Attorney General to show a sufficient interest that had to be protected before

the right to freedom of speech could be overturned, In

support of his submission he referred to Lion Laboratories Ltd. v. Evans (23) as authority for the proposition that upon an interlocutory application the Court will favour restraint to protect a duty of confidence unless the defendant has a serious defence of public

lic interest which may succeed at the trial. He also contended that a distinction should be drawn between news that is in the public interest and news which is merely of interest to the public. It has been suggested that the contents of "Spycatcher", not qualify as news which is of public interest but merely provides "a good read" as

as it was put by Barnett, J.. There is obviously a difference between news that relates to the,. protection of national security and that which protects the

reputation or rights of others but the information contained in "spycatcher is undoubtedly of considerable interest to the public in Hong Kong. I accept that freedom of

1

(23) [1984] 3 W.L.R. 539

1

!

A

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