### Protection of Trading Interests Ordinance 《保護貿易權益條例》

1. Short title
This Ordinance may be cited as the Protection of Trading Interests Ordinance.

2. Interpretation
(1)-(2) (Repealed 66 of 2000 s. 3)(3) References in this Ordinance to a claim for, or to entitlement to, contribution are references to a claim or entitlement based on an enactment or rule of law.
[cf. 1980 c. 11 s. 8 U.K.]

3. Overseas measures affecting Hong Kong trading interests
(1) If it appears to the Chief Executive—
(a) that measures have been or are proposed to be taken by or under the law of any place outside Hong Kong for regulating or controlling international trade; and
(b) that those measures, in so far as they apply or would apply to things done or to be done outside the territorial jurisdiction of that place by persons carrying on business in Hong Kong, are damaging or threatening to damage the trading interests of Hong Kong, (Amended E.R. 6 of 2019)
the Chief Executive may by order direct that this section shall apply to those measures either generally or in their application to such cases as may be specified in the order.
(2) The Chief Executive may by order make provision for requiring, or enabling the Chief Executive to require, a person in Hong Kong who carries on business in Hong Kong to give notice to the Chief Executive of any requirement or prohibition imposed or threatened to be imposed on that person pursuant to any measures in so far as this section applies to such measures by virtue of an order under subsection (1).
(3) The Chief Executive may give to any person in Hong Kong who carries on business in Hong Kong such directions for prohibiting compliance with any such requirement or prohibition as is mentioned in subsection (2) as he considers appropriate for avoiding damage to the trading interests of Hong Kong.
(4) Directions given under subsection (3) 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.
(5) General directions given under subsection (3) shall be published in such manner as appears to the Chief Executive to be appropriate.
(6) In this section, trade (貿易) includes any activity carried on in the course of a business of any description and trading interests (貿易權益) shall be construed accordingly. (Amended E.R. 6 of 2019)
(Amended 66 of 2000 s. 3)[cf. 1980 c. 11 s. 1 U.K.]

### Protection of Trading Interests Ordinance 《保護貿易權益條例》

5. Offences and penalties
(1) Subject to subsection (2), a person who without reasonable excuse fails to comply with any requirement imposed under section 3(2) or who knowingly contravenes any directions given under section 3(3) or 4(1) commits an offence and is liable—
(a) on conviction on indictment to a fine;
(b) on summary conviction, to a fine at level 5. (Amended E.R. 6 of 2019)
(2) A person who is neither a permanent resident of the Hong Kong Special Administrative Region nor a body corporate incorporated in Hong Kong shall not be guilty of an offence under subsection (1) by reason of any act or omission outside Hong Kong. (Amended 28 of 1998 s. 2)
(3) No proceedings for an offence under subsection (1) shall be instituted except with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)
[cf. 1980 c. 11 s. 3 U.K.]

6. Exclusion of part of the Evidence Ordinance (Cap. 8), etc.
(1) A court in Hong Kong shall not make an order under Part VIII of the Evidence Ordinance (Cap. 8) for giving effect to a request issued by or on behalf of a court or tribunal of a place outside Hong Kong if it appears to the court that the request infringes the jurisdiction of Hong Kong or territorial jurisdiction in Hong Kong.
(1A) A magistrate shall not for the purposes of section 10 of the Mutual Legal Assistance in Criminal Matters Ordinance (Cap. 525) give effect to a request referred to in that section if it appears to the magistrate that the request infringes the jurisdiction of Hong Kong or territorial jurisdiction in Hong Kong. (Added 87 of 1997 s. 36)
(2) A certificate signed by or on behalf of the Chief Executive to the effect that a request such as is mentioned in subsection (1) or (1A) infringes the jurisdiction of Hong Kong or territorial jurisdiction in Hong Kong shall be conclusive evidence of that fact. (Amended 87 of 1997 s. 36)
(Amended 66 of 2000 s. 3)

### Protection of Trading Interests Ordinance 《保護貿易權益條例》

7. Restriction on enforcement of certain overseas judgments
(1) A judgment to which this section applies shall not be registered under the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319) and no court in Hong Kong shall entertain proceedings at common law for the recovery of any sum payable under such a judgment.
(2) This section applies to any judgment given by a court of a place outside Hong Kong, being a judgment— (Amended 66 of 2000 s. 3)
(a) for multiple damages within the meaning of subsection (3);
(b) based on a provision or rule of law specified or described in an order under subsection (4) and given after the coming into force of the order; or
(c) on a claim for contribution in respect of damages awarded by a judgment falling within paragraph (a) or (b).
(3) In subsection (2)(a), a judgment for multiple damages (倍計損害賠償的判決) means a judgment for an amount arrived at by doubling, trebling or otherwise multiplying a sum assessed as compensation for the loss or damage sustained by the party in whose favour the judgment is given. (Amended E.R. 6 of 2019)
(4) The Chief Executive may for the purposes of subsection (2)(b) make an order in respect of any provision or rule of law which appears to him to be concerned with the prohibition or regulation of agreements, arrangements or practices designed to restrain, distort or restrict competition in the carrying on of business of any description or to be otherwise concerned with the promotion of such competition as aforesaid. (Amended 66 of 2000 s. 3)
(5) Subject to subsection (6), subsection (2)(a) applies to a judgment given before the date of commencement* of this Ordinance as well as to a judgment given on or after that date.
(6) This section does not affect any judgment which has been registered before the date of commencement* of this Ordinance under the provisions mentioned in subsection (1) or in respect of which such proceedings as are there mentioned have been finally determined before that date.
[cf. 1980 c. 11 s. 5 U.K.] Editorial Note:* Commencement date: 5 May 1995.