TNAG-1694-FCO40-2344-Broadcasting-in-Hong-Kong-1987 — Page 93

'87 18:40 HERBERT SMITH HK

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Date:

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Reporter:

24.8.87

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11.00 11.35 a.m. MEP/3

Prime Minister, Mrs Margaret Thatcher's Government have been trying

to suppress for more than a year'." In his second affidavit, Mr Dux

said at paragraph 14(c) "The material in respect of which the

4 injunction is sought, concerns allegations of serious wrong-doing,

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by or on behalf of the British Government, as its employees. The books contains material which is of concern to the citizens of Hong Kong and an injunction should not be granted to restrain publication of matters, which it is in the public interest to publish."

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Mr Ribeiro said that this evidence is 'insufficient to establish a public interest in publication prior to trial'. 1 disagree.

Although it is not argued before me, and here I shall emulate at least some of their Lordships in the House, I think it 14 pertinent to observe that Her Majesty's Government is ultimately

responsible for Hong Kong and has been relied on apart from other matters, to ensure the best possible arrangements for 1997. 17 Hong Kong public can therefore, only have a keen and immediate

interest in the activities of that Government. Further, as Mr Lester 19 said, there is a particular collivily . llic part wf the Hung Kuna 20 public, to any constraint/Br fattering of the free flow of information, comment or news, having regard to the unique political situation in 23 Hong Kong,

Mr Lester further asserted that the primary public interest in freedom of speech, as recognised at common law, is bolstered by the effect of Article 19 of the International Covenant on Civil and Political Rights to which the United Kingdom is a signatory which 26 has been extended to Hong Kong and to which specific reference is 27 made in the Joint Declaration. This Article, Article 19 is similar to, 28 but slightly more restrictive in its terms, than Article 10 of the 29 European Convention. To this Article, Mr Lester attaches great

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30 importance. Mr Ribeiro submits however, that it is irrelevant because 31 it does not form part of the domestic law of Hong Kong and it is 32 according to domestic law that this application must be decided.

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I think I need not go too deeply into the interesting

arguments on the relative positions of the Convenant and the European

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