Documents and information required by overseas courts and authorities
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.]