(3) Her majesty's procureur may by notice in writing require the person under investigation or any other person to produce at a specified time and place any specified documents which appear to Her Majesty's Procureur to relate to any matter relevant to the -Investigation or any documents of a specified class which appear to him so to relate and-

(a) if any such documents are produced, Her Majesty's Procureur may-

(i) take copies or extracts from them;

(ii) require the person producing them to provide an explanation of any of them;

(b) if any such documents are not produced, Her Majesty's Procureur may require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.

(9) A person shall not under this section be required to disclose information or produce a document in respect of which he owes an obligation of confidence by virtue of carrying on any banking or fiduciary business unless-

(a) the person to whom the obligation of confidence is owed consents to the disclosure or production; or

(b) Her majesty's Procureur has authorised the making of the requirement.

The standing of the Applicants

In the case of the applicants from the Ukraine it is clear from the affidavit evidence, the correspondence and the documentation attached thereto that their substantive case is based on the particular political situation in the Ukraine. They are fearful, on their case, of the misuse for political purposes of any information divulged by CST, reference being made in that respect to proceedings in Switzerland where, it is alleged, information or documentation disclosed in that jurisdiction has been broadcast for political purposes in the Ukraine to their disadvantage in the delicate state of the present political climate in that country.