TNAG-1694-FCO40-2344-Broadcasting-in-Hong-Kong-1987 — Page 92

24 '87 18:40 HERBERT SMITH HK

P.22

Date:

Time:

Reporter:

24.8.87

11.00 -11.35 a.m.

MEP/2

1 T suppose it to be information upon contemporaneous events at home and 2 around the world and comment thereon. On that basis, the Defendant'

3 serialisation would not appear to be news, but the serialisation or

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The publication of extracts will reveal to the newspaper's readers, what is occupying considerable attention around the world. That seems 6 to me to be of considerable importance as is the notoriously ephemeral

7 nature of world attention on any topic. In six months' time, interest 8 in Mr Wright and his book may well be dead. The book, if not its 9 contents, is certainly hot news.

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Further, as Mr Lester argued, damage is not just to the 12 Defendants if publication is restrained, but to the public at large

because of the interference with free speech. That damage cannot be 14 measured in money terms. In the English proceedings, it has been 15 agrood apparently throughout, that damages would not be an adequate 16 remedy for either party. I can see that that may no longer be the 17 Case

for the Attorney in Hong Kong but I see no reason for 18 distinguishing the position of the Defendants.

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This leads me to Mr Lester's arguments. Apart from his

21 criticisms of Mr Ribeiro's arguments and of the evidence to which I

22 have already referred, he contends that any interest the Attorney still

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has in restraining publication, is inadequate to justify a restraint 24 on free speech. To put it the other way, so that it follows the

25 Millett approach which I had held to be correct, the freedom of speech 26 far outweighs

any need for restraint in the circumstances of this case.

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I

In his affidavits, the second Defendant Mr Dux, deposed 29 to the interest of the Hong Kong public, in reading Spycatcher, 30 would refer in particular to paragraph 12, sub-paragraph (a) of his

first affidavit where he said 31

again I pause for obvious reasons 32 paragraph 12(a) of his affidavit, Mr Dux said "The Hong Kong public 33 maintain keen interest in the publication of Spycatcher in the United 34 States.

As reported in the South China Morning Post on 22nd July, 1987 35 'Numerous customer requests for Spycatcher prompted both Swindons and the Hong Kong Book Centre to seek early delivery of the book which

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VERBATIM REPORTERS

HONG KONG