TNAG-1694-FCO40-2344-Broadcasting-in-Hong-Kong-1987 — Page 88

'87 18:37 HERBERT SMITH HK

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Date:

Time:

Reporter:

24.8.87

10 11 am

CNB/16

pressure on the English Courts to allow publication of the book, Again, this does not apply in Hong Kong.

I accept that the first two reasons might have some relevance to Hong Kong, but that relevance is much reduced. It remains, therefore, that the reasons underlying the majority decision of the House of Lords have on a factual basis little or no application to Hong Kong so that the decision of their Lordships becomes readily distinguishable. On the basis of deterrents, only vestigial interests are left to protect in Hong Kong.

Mr Ribeiro also submitted that the reduction in scale applies with equal if not greater force to the defendants. He said that "The Guardian" and "The Observer" newspapers, who sought only to publish extracts of and comment upon "Spycatcher, " might be able to argue that such publication was part of a campaign for an independent enquiry into the workings of the British Security Service, an enquiry mounted in the public interest. No such interest, he urged, underlies the "Sunday Post"'s serialisation, the object of which is only to give "a good read". There is perhaps some force in this. I would observe, however, that the "Post" intends, according to the affidavit of the 2nd Defendant, the Editor, Mr Dux, next to publish Chapters 14 and 16 of the book. This does not suggest to me pure serialisation so much as indicate an element of editorial judgment as to which parts of "Spycatcher" are of more relevance or interest to Hong Kong and the Hong Kong public.

Mr Ribeiro's most powerful argument is that

by seeking to serialise "Spycatcher" the "Sunday Post" and, indeed, "The Sunday Times" in England, are aiding and abetting Mr Wright in breach of his duties. Both the Vice-Chancellor and the Court of Appeal, said Mr Ribeiro, drew a distinction between newspapers such as "The Guardian" and "The Observer" carrying out their ordinary business of reporting and commenting on newsworthy events and

34 those newspapers and other publishers who participate in a breach 35 of a confidence or duty on the part of Wright by involving themselves

in commercial dissemination of his book.

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