CONFIDENTIAL #
Localisation of United Kingdom Enactments
Protection of Trading Interests
Introduction
intends
This paper describes the way in which the HKG
to localise certain provisions in United Kingdom
enactments which apply to Hong Kong. The enactments
covered by this paper concern the protection of trading
interests.
Background
2.
In 1964 the United Kingdom enacted the Shipping
Contracts and Commercial Documents Act 1964 ("the 1964
Act"). The purpose of the Act was to prevent encroachment
on the jurisdiction of the United Kingdom by measures taken by foreign countries or by requirements imposed by foreign The substantive provisions of the 1964 Act were, with appropriate modifications, applied to Hong Kong by the Shipping Contracts and Commercial Documents (Hong Kong) Order 1964 ("the 1964 Order").
courts.
3.
and
Act
In 1980 the United Kingdom repealed the 1964 Act
replaced it with the Protection of Trading Interests
1980 ("the 1980 Act"). The 1980 Act provided protection from requirements, prohibitions and judgments imposed or given under the laws of countries outside the Untied Kingdom and affecting the trading or other interests
of persons in the United Kingdom. It also restricted the
enforcement in the United Kingdom of certain overseas judgments, and empowered a person having a connection with
the United Kingdom to bring an action in the United Kingdom
to recover sums paid by him following an award for multiple damages by an overseas court.
CONFIDENTIAL ##