TNAG-1694-FCO40-2344-Broadcasting-in-Hong-Kong-1987 — Page 65

SEP 08 '87 14:44 HERBERT SMITH HK

25

proceedings in: (A) either House of Parliament in the United Kingdom whose publication is permitted by that House; or (B) a Court of the United Kingdom sitting in public; or (C) this Honourable Court sitting in public."

By this appeal the Attorney General seeks to

restore that injunction. The terms of the injunction except

for one matter which is not relevant are substantially the

same as the injunction that was approved by the House of Lords in the majority decision of the 30th July.

At the time when Millett, J. continued the

original injunction in England on the 11th July 1986 against the Observer and the Guardian the element of secrecy had not been destroyed. There can be no doubt that the injunction was wholly justified in the circumstances prevailing at time. However, since the publication of the book in the United States, Canada and other parts of the world, the

contents have become public knowledge. The book is available in the United Kingdom to those people who wish to

obtain a copy.

Limited copies are also available in Hong

Kong.

1

We were informed that the 1st defendant acquired

the serialisation rights to "Spycatcher" through an

associate company in Australia, Reve Limited, which is also w associated with Times Newspapers' Limited. There was no

evidence that the defendants have had any direct

relationship with Mr. Wright.

The evidence for the Attorney General is based upon, an affidavit made on the 9th September 1985 by Sir Robert Armstrong, the Secretary to the Cabinet for the purpose of the Australian proceedings. In particular reliance is placed upon paragraph 10 which reads:-

P.9