TNAG-1694-FCO40-2344-Broadcasting-in-Hong-Kong-1987 — Page 82

24.8.87

11 am

CNB/10

Date:

Time:

10

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extensively canvassed the point, and he said on page 17 first whole paragraph.. [Reads]

"My lords, this appeal involves a conflict between

the right of the public to be protected by the Security Service and the right of the public to be supplied with full information by the press. This appeal therefore involves consideration of the Convention for the Protection of Human Rights and Fundamental Freedoms to which the British Government adheres. Article 10 of the Convention is in these terms:

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

the

protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.'

In 'The Sunday Times' case the European Court of Human Rights decided by a majority of 11 to 9 that there had been a violation of the Convention by reason of the judgment of this House which restrained 'The Sunday Times' from publishing:

'Any article which prejudges the issues of

negligence, breach of contract or breach of duty or deals with the evidence relating

to any of the said issues arising in any

actions pending or imminent against Distillers

in respect of the development, distribution or use of the drug Thalidomide.

The European Court pointed out that this House applying domestic law had balanced the public interest in freedom of expression and the public interest in the due administration of justice. But the European Court;

is faced not with the choice between two conflicting principles but with a principle of freedom of expression which is subject to a number of exceptions which must be narrowly interpreted ... It is not sufficient that the interference involved belongs to that class of exceptions listed in Article 10 which has been

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