TNAG-1694-FCO40-2344-Broadcasting-in-Hong-Kong-1987 — Page 5

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CONFIDENTIAL

AND TO SAVING WARSAW, UKDEL WASHINGTON, YAOUNDE, MANAGUA

121425

MD LOAN 3121

PETER WRIGHT CASE

INTRODUCTION (UNCLASSIFIED)

1.

SERVICE

THE

THE NEW SOUTH WALES COURT OF APPEAL IN SYDNEY

DECIDED ON 24 SEPTEMBER BY A TWO TO ONE MAJORITY (WITH THE

CHIEF JUSTICE DISSENTING) AGAINST THE GOVERNMENT'S APPLICATION

FOR AN INJUNCTION TO PREVENT PETER WRIGHT AND HEINEMANN

(AUSTRALIA) FROM PUBLISHING INFORMATION DERIVED FROM HIS

AND AGAINST OUR APPLICATION FOR AN ACCOUNT FOR PROFITS. GOVERNMENT HAVE ANNOUNCED THAT IT WILL BE APPLYING ON 28

FOR AN EXTENSION OF THE INTERIM COURT ORDER RESTRAINING PUBLICATION OF SPYCATCHER AND THEREAFTER FOR LEAVE TO APPEAL TO

THE HIGH COURT OF AUSTRALIA.

LINE TO TAKE (UNCLASSIFIED)

2.

SEPTEMBER

THE GOVERNMENT IS CONTINUING WITH THE CASE BECAUSE

OF THE VITAL IMPORTANCE OF UPHOLDING THE PRINCIPLE THAT PETER WRIGHT AS A FORMER MEMBER OF THE SECURITY SERVICE OWES A LIFELONG DUTY OF CONFIDENTIALITY TO THE CROWN. THIS

PRINCIPLE IS ESSENTIAL TO THE EFFECTIVENESS OF THE SECURITY SERVICE. IT IS NOT A MATTER OF ATTEMPTING TO KEEP SECRET THE

CONTENTS OF ONE PARTICULAR BOOK.

ADDITIONAL POINTS (UNCLASSIFIED)

3

(PUBLICATION OF THE BOOK IN US/CANADA).

PUBLICATION

THE GOVERNMENT WAS ADVISED THAT LEGAL ACTION TO PREVENT

PUBLICATION IN THE US/CANADA WOULD NOT SUCCEED. OF THE BOOK THERE HOWEVER IN NO WAY AFFECTS THE PRINCIPLE OF WRIGHT'S DUTY OF CONFIDENTIALITY. IT IS UNACCEPTABLE THAT HE OR ANY PUBLISHER SHOULD SEEK TO DEFEND A FURTHER BREACH OF

THAT DUTY BY RELYING ON AN EARLIER ONE.

BACKGROUND (CONFIDENTIAL) (FOR YOUR OWN INFORMATION)

4.

PETER WRIGHT WAS A MEMBER OF THE SECURITY SERVICE FROM 1955 TO 1976 AND SPYCATCHER PURPORTS TO BE A DETAILED ACCOUNT OF HIS WORK FOR THE SECURITY SERVICE DURING THIS TIME. THE GOVERNMENT LOST THE FIRST ROUND IN THE NEW SOUTH WALES

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CONFIDENTIAL