TNAG-1694-FCO40-2344-Broadcasting-in-Hong-Kong-1987 — Page 77

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24.8.87

10 11 am

CNB/5

(b)

by Peter Maurice Wright in his capacity as a member of the British Security Service and which they know or have reasonable grounds to believe to have come or been obtained whether directly or indirectly from the said Peter Maurice Wright

attributing in any disclosure or public- ation made by them to any person any information concerning the British Security Service to the said Peter Maurice Wright whether by name or otherwise

Provided that

(i)

(11)

this Order shall not prohibit direct quotation of attributions to Peter Maurice wright already made by Mr Chapman Pincher in published works, or in a television programme or programmes broadcast by Granada Television;

no breach of this Order shall be constituted by disclosure or publication or any report of proceedings in open Court in the New South Wales proceedings 4382/85,

(iii) no breach of this Order shall be constituted by a fair and accurate report of 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."

And that injunction is substantially in the same terms as the injunction which has been restored by the House of Lords, save that it is more generous in that it provides for publication of the proceedings in the Courts in New South Wales,

The defendants now apply for discharge of that injunction. The Attorney's claim is that the defendants, first of all through wright, are under an equitable obligation not to divulge confidential information obtained by Wright as a result of his service with the British Security Service, that is,

And secondly, the there is a duty of confidence upon them. Attorney claims that the defendants are participating in breaches of a fiduciary duty on the part of Wright not to make use of his position in the Security Service or any information obtained thereby for his own purpose. Breach of either duty, claims the Attorney, will lead to, first, loss of confidence by friendly intelligence

VERBATIM REPORTERS HONG KONG

5-8496480 5-497048 5-8496981 5-8932546 5-8122436

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