TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 61

t

1

oversease country, shall also be treated as a direct requirement to pro-

duce or furnish that document or information. Clause 2(1)(a) would ope-

rate to enable the Secretary of State to direct a person not to furnish

commercial information in the form of oral evidence to representatives

of an overseas authority who are carrying out an investigation in the United

Kingdom. However the power would not be exerciseable to prohibit a UK

citizen who is actually in the overseas country requiring the evidence

from giving it, since in interpreting this provision the superior terri-

torial jurisdiction of the country in question would be recognized.

Subsection (1) provides that the Secretary of State may give directions

prohibiting compliance witn a requirement imposed on a person or persons

in the United Kingdom if it appears to the Secretary of State that the

requirement is "inadmissible". Requirements to which the subsection applies

are a requirement to produce to an overseas court, tribunal or authority

any commercial document which is not within the territorial jurisdiction

of that country or to furnish to such a court, tribunal or authority any

commercial information; or a requirement to publish any such document or

information.

7.

Subsection (2) defines some of the circumstances in which a require-

ment as described in subsection (1) (a) is "inadmissible" and the conditions

under which a requirement mentioned in 1(b) will be "inadmissible".

These

are if it infringes the jurisdiction, or is other prejudicial to the sove-

reignty, of the United Kingdom; and if compliance with the requirement would

be prejudicial to the security of the United Kingdom or to the government's

relations with the government of any other country.

8.

Subsection (3) defines further circumstances in which a requirement

as described in subsection (1) (a) is "inadmissible", and which are similar