SHIPPING POLICY DIVISION 3a
DEPARTMENT OF TRADE
1 Victoria Street London SW1H OET
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00616.1
Your reference
Alan Ramsey Esq.,
MAED
Our reference
Foreign & Commonwealth Office
London SW 1A 2AH
Date
14 January 1980
Dear Olam
MRS 011/474/1 folis 71
RESTRICTED
SHIPPING CONTRACTS AND COMMERCIAL DOCUMENTS ACT 1964
We spoke on Friday about David Wyatt's letter of 5 December to David Wiseman, CRE 2, following a request from Bermuda that the Shipping Contracts and Commercial Documents Act 1964 should be extended to it. I understand that the background to this is that Atlantic Conainter Line Ltd. which is one of the defendants in the current Us treble damages case and which is incorporated in Bermuda, drew this legislation to the Bermudan Government's attention. Its purpose in doing so was really to ensure that ACL should be able to utilize Clause 6 (the multiple damages recovery proposal) of the new legislation. This Clause would allow UK companies or companies incorporated in a territory outside the UK for whose international relations HMG is responsible to initiate an action for recovery of damages in the UK courts. As you know, we expect the Protection of Trading Interests Bill to complete its various stages through the House of Lords by the end of February. There is therefore a good chance of it receiving Royal Assent in early March. Unless the Bermudan procedures for extending legislation to itself are very rapid, it would seem preferable to await the enactment of the new legislation before taking any action. I have already written to Miss Farrell in the Hong Kong & General Department of the FCC about the extension of the Bill to dependent territories generally (my letter of 11 January copied to you) and you may like to let her know that Bermuda would be a "definite".
with belt wirkej
Сенна
Anna Butterworth
cc. Jairo Wireman CRC 2
сс
C2591