TNAG-1694-FCO40-2344-Broadcasting-in-Hong-Kong-1987 — Page 54

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SEP 08 '87 14:32 HERBERT SMITH HK

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5.

injunction in terms similar to that

J

granted by Bewley J. remains an

arguable one.

The only way in which it can justly

be decided whether the Attorney General's case, being still arguable, should succeed or fail is by having the action tried.

6. On the

hypothesis that the Attorney

!

General's claim, if tried, will succeed the effect of refusing to reinstate the temporary injunction

now would be to deprive him

summmarily and without a trial of all

1

opportunity of achieving that

* **;

succes By the time the action came on for hearing, and it need not long be delayed, Mr. Wright, Heinemanna

and the defendants would have published all the material they

1

considered of interest to the Hong

4.

·

י ;'י

Kong public and Mr. Bright's profits would safely be lodged in Tasmania, the USA, Switzerland or other safer haven of his choice. The Attorney

General would be left with the

!

difficult, if not wholly

A

impracticable and derisory remedy of seeking damages or an account of profits; hardly an adequate deterrent or remedy to protect his interest in secret information held in confidence and trust The grant of a permanent injunction after trial would be futile. Further, the motives of Mr Wright, the defendants or potential imitators may not be mercenary.

P.15