TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 105

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SHIPPING POLICY DIVISION 3a

DEPARTMENT OF TRADE

1 Victoria Street London SW1H OET

Telex 8811074/5 DTIHQ G

Telegrams Advantage London SW1

Telephone Direct Line 01-215 5410

Switchboard

01-215 7877

CONFIDENTIAL

Miss N Farrell

Hong Kong and General Department

Foreign and Commonwealth Office

King Charles Street

London SW1A 2AH

My hushford. Miss Farwell is absent on

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sich leave this week. Meanwhile, do

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ARG 121

Your reference NED IN

Our reference

STRY NO. 51

15 FEB 1980

DESK OFF January 1980

! REGISTRY

Action Taken

Date

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have any comments

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Year Miss Favel,

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(08 141

PROTECTION OF TRADING INTERESTS BILL EXTENSION TO DEPENDENT TERRITORIES

I understand that you are the right point of contact in the Foreign Office for the extension of legislation to the dependent territories. The purpose of this letter is therefore to alert you to theirminent enactment of the Protection of Trading Interests Bill and to ask you to put in hand the necessary steps for its extension to the dependent territories, where appropriate.

The Protection of Trading Interests Bill completed its passage through the House of Commons at the end of December (a copy of the Bill as it emerged from the House of Commons is attached) and is scheduled to complete its various stages in the House of Lords by the end of February. Royal Assent is therefore likely some time in March. Given the legal nature of the Bill, the House of Lords will probably take considerable interest in it and there may therefore be amendments although we do not expect any fundamental changes. Although, therefore, the Bill is not in its final form, we thought we should give you ample warning of this problem as the legislation could be of considerable significance to some of the dependent territories.

The Protection of Trading Interests Bill, once enacted, will repeal the Shipping Contracts and Commercial Documents Act 1964 in the UK. I understand that, among the dependent territories, the 1964 Act was extended by Order in Council to Hong Kong, the Isle of Man and the Channel Islands (we are consulting the Home Office on the latter two as they fall into their area of responsibility, I also understand that the legal position is that although Section 7(4) of the Protection of Trading Interests Bill repeals the 1964 Act in the UK, the Act will still remain in force in the dependent territories to which it has been applied until specifically revoked or superseded by an appropriate Order in Council.

The Shipping Contracts and Commercial Documents Act 1964 was, as its name suggests, passed primarily to protect shipping companies. The Act contains provisions to counter measures related to shipping under the laws of foreign countries and also provides limited powers blocking the production of commercial documents and information to Courts and other authorities of foreign countries. The new Bill, although it will apply equally to all overseas countries, is primarily a reaction to attempts by the United States, since the 1950s, to impose its own economic and and other domestic policies on individuals and companies outside its territorial

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