TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 66

HOUSE OF LORDS

PROTECTION OF TRADING INTERESTS BILL

DEPARTMENT OF TRADE

NOTES ON CLAUSES

CLAUSE 4

1. This clause provides that no order shall be made under section 2

of the Evidence (Proceedings in Other Jurisdictions) Act 1975, to give

effect to a request of a court or tribunal of an overseas country for

evidence from a person in the UK if the request infringes the jurisdiction

or sovereignty of the United Kingdom. The clause reflects the terms of

the 1970 Hague Convention on the Taking of Evidence Abroad in Civil and

Commercial Matters, which was implemented by the 1975 Act, which permits

contracting States not to give effect to requests from overseas if to do

so would prejudice their sovereignty. At present the courts can decline

to make an order on these grounds in their discretion having regard to the

views of HMG which they would normally follow.

2.

The clause provides that a court in the United Kingdom shall not make

an order under section 2 of the Evidence (Proceedings in Other Jurisdic-

tions) Act 1975, to comply with a request made by or on behalf of a court

or tribunal of an overseas country if it is shown that the request infringes

United Kingdom jurisdiction or is otherwise prejudicial to United Kingdom

sovereignty. The clause provides also that a certificate signed by or on

behalf of the Secretary of State shall be conclusive evidence of the fact

that the request concerned infringes United Kingdom jurisdiction or is pre-

judicial to United Kingdom sovereignty.