TNAG-1694-FCO40-2344-Broadcasting-in-Hong-Kong-1987 — Page 49

KARL Asetila.

SEP 08 '67 14:29 HERBERT SMITH HK

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But insofar as Article 19 does add anything an analogy may be drawn with the effect on the law of England of Article 10 of the European Convention on Human Rights even though the International Covenant has no equivalent to the European Court-st-Strasbourg the contemplated ruling of which caused Lord Bridge such concern,

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That article reads:

"1. Everyone has the right to freedom of

expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers -

2. The exercise of these freedoms, since

it carries with it duties and

"

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responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are. prescribed by law and are necessary in a democractic society, in the interests of national security, territorial integrity or public safety, for the prevention of

disorder or crime, for the protection of health or morals, for the protection of the reputation or

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rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the. judiciary."

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IN WI

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Lord Templeman, with whom Lord Ackner agreed, accepted that it governed the proper approach of the English Courts to the problems with which the House was faced and that they should seek to determine whether the interference with freedom of expression constituted by the terms of the injunctions under consideration 'was necessary in a democratic society in the interests of national security, for protecting the

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-reputation or rights of others; for preventing the

disclosure of information received in confidence or for

maintaining the authority and impartiality of the judiciary. I am prepared to accept an approach based on the International Covenant mutatia mutandis and to dispense with

་བམ

P.10