TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 12

Documents

and

information

required by

overseas courts and

authorities.

1

kingdom

the united

or

(4) The power of the Minister to make orders under

subsection (1) or (2) above shall be exercisable by

statutory instrument subject to negative resolution

procedure under the Statutory Instruments Act 1977 of

Bermuda.

(5) Directions under subsection (3) above may be

either general or special and may prohibit compliance

with any requirement or prohibition either absolutely

or in such cases or subject to such conditions as to

consent or otherwise as may be specified in the

directions; and general directions under that subsection

shall be published in such manner as appears to the Min-

ister to be appropriate.

(6) In this section "trade" includes any activity

carried on in the course of a business of any description

and "trading interests" shall be construed accordingly.

2. (1) If it appears to the Minister

(a) that a requirement has been or may be imposed on

a person or persons in Bermuda to produce to any

court, tribunal or authority of an overseas

country any commercial document which is not

within the territorial jurisdiction of that

country or to furnish any commercial information

to any such court, tribunal or authority; or

(b) that any such authority has imposed or may impose

a requirement on a person or persons in Bermuda

to publish any such document or information,

the Minister may, if it appears to him that the requirement

is inadmissible by virtue of subsection (2) or (3) below,

give directions for prohibiting compliance with the require-

ment.

(2) A requirement such as is mentioned in subsection

(1)(a) or (b) above is inadmissible

(a) if it infringes the jurisdiction of Bermuda or is