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༣འགན་ལ་ལྡན་པད.
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SALE, MR, Monda
HOUSE OF LORDS
PROTECTION OF TRADING INTERESTS BILL
DEPARTMENT OF TRADE
NOTES ON CLAUSES
CLAUSE 2
1. This clause replaces Section 2 of the Shipping Contracts and Com-
mercial Documents Act 1964. It extends the circumstances in which a
direction can be given prohibiting compliance with a requirement to pro-
duce documents or provide information to foreign courts and authorities.
Alternative tests are added to the test of the 1964 Act that the require-
ment must constitute an infringement of the jurisdiction of the UK.
2.
The Clause applies where a person in the United Kingdom has been
or may be required to produce to a court, tribunal or authority of an
overseas country commercial documents which are located outside that coun-
try, or to furnish to such a court, tribunal or authority any commercial
information; or where an authority of an overseas country has imposed or may
impose a requirement on such a person to publish such a document or informa-
tión. It provides that the Secretary of State may, in certain circumstances,
give directions prohibiting compliance with such requirements. The Sec-
retary of State may give such a direction when the requirement is "inadmis-
sible" as defined in this Clause. "Inadmissible" here is used as the
description of requirements which satisfy the conditions of subsection
(2) and (3). It has no evidential implications.
3.
A requirement to produce documents or furnish information is "inad-
missible" if it infringes the jurisdiction of the United Kingdom or is
otherwise prejudicial to the sovereignty of the United Kingdom; if comp-
liance with the requirement would be prejudicial to the security of the