personal use only<br>Page 3<br>3(m) Furthermore, at no time prior to the announcement of the CE Mark certificationon 18 March 2020, did the TDL directors disclose the CE Mark certification of theCOVID Diagnostic Kits to any other persons except to those who were subject toconfidentiality obligations to TDL at the time.(n) Nor were the TDL directors aware of, or informed by TBG Xiamen or any otherpersons of, any disclosure of the CE Mark certification of the COVID DiagnosticKits to any other persons at the time except to those who were subject toconfidentiality obligations to TDL at the time.(o) It is noted that Mr CK Wang, the remaining director of TDL, was only informed ofthe CE Mark certification of the COVID Diagnostic Kits by phone from Dr Changon 17 March 2020 at 4:11 pm (GMT) (or 7:11 pm (AEDT)).(p) On the above basis, the TDL directors genuinely and reasonably believed thatthe information relating to the COVID Diagnostic Kits remained confidential at alltimes between 14 March 2020 and the morning of 17 March 2020.(q)It is noted that Dr Chang's email communication to his fellow Australian Directorson 16 March 2020 at 9:45 pm (GMT) (ie 12:45 am AEDT on 17 March 2020), issupportive of the reasoning given in paragraph (p) above.In that email, Dr Chang emphasised the importance of keeping the informationconfidential. One would reasonably expect that such emphasis would not havebeen given had Dr Chang known at the time that there was a leakage ofinformation (whether via the Hyperlink, its content or otherwise
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