Hong Kong Ordinances

PROTECTION OF TRADING INTERESTS ORDINANCE - SECT 4

Documents and information required by overseas courts and authorities

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 66 of 2000 s. 3

(1) If it appears to the Chief Executive-

   (a)  that a requirement has been or may be imposed on a person in Hong Kong
        to produce to any court, tribunal or authority of a place outside Hong
        Kong any commercial document which is not within the territorial
        jurisdiction of that place 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 in Hong Kong to publish any such document or information, the
        Chief Executive may, if it appears to him that the requirement is
        inadmissible by virtue of subsection (2) or (3), give directions for
        prohibiting compliance with the requirement.

(2) A requirement such as is mentioned in subsection (1)(a) is inadmissible-

   (a)  if it infringes the jurisdiction of Hong Kong or territorial
        jurisdiction in Hong Kong;

   (b)  if it is made otherwise than for the purposes of civil or criminal
        proceedings which have been instituted in the place concerned; or

   (c)  if it requires a person to state what documents relevant to any such
        proceedings are or have been in his possession, custody or power or to
        produce for the purposes of any such proceedings any documents other
        than particular documents specified in the requirement.

(3) A requirement such as is mentioned in subsection (1)(b) is inadmissible if
it infringes the jurisdiction of Hong Kong or territorial jurisdiction in Hong
Kong.

(4) Directions given under subsection (1) may be either general or special and
may prohibit compliance with any requirement such as is mentioned in that
subsection either absolutely or in such cases or subject to such conditions as
to consent or otherwise as may be specified in the directions.

(5) General directions given under subsection (1) shall be published in such
manner as appears to the Chief Executive to be appropriate.

(6) For the purposes of this section-

   (a)  the making of a request or demand shall be treated as the imposition
        of a requirement if it is made in circumstances in which a requirement
        to the same effect could be or could have been imposed;

   (b)  (i) any request or demand for the supply of a document or information
        which, pursuant to the requirement of any court, tribunal or authority
        of a place outside Hong Kong, is addressed to a person in Hong Kong;
        and

        (ii)   any requirement imposed by such a court, tribunal or authority
               to produce or furnish any document or information to a person
               specified in the requirement, shall be treated as a requirement
               to produce or furnish that document or information to that
               court, tribunal or authority.

(7) In this section "commercial document" (商業文件) and "commercial
information" (商業資料) mean respectively a document or information
relating
to a business of any description and "document" (文件) includes any record
or device by means of which material is recorded or stored. (Enacted 1995.
Amended 66 of 2000 s. 3) [cf. 1980 c. 11 s. 2 U.K.]

"commercial document" (商業文件)

"commercial information" (商業資料)

"document" (文件)