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Section 2 of the Investigation Law of 1991 reads as
follows:
"Disclosure
2. (1) where any information is subject to an obligation of
secrecy imposed by or under any enactment (including in an enactment
passed after this Law) the obligation shall not have effect to
prohibit the disclosure of that information to any person authorised
by Her Majesty's Procureur, but any information disclosed under
this subsection may only be disclosed by such a person for the
purpose of a prosecution in the Bailiwick or elsewhere.
(2) without prejudice to his power to enter into agreements
apart from this subsection, Her Majesty's Procureur may enter
into an agreement for the supply of information to or by him subject,
in either case, to an obligation not to disclose the information
concerned otherwise than for a specified purpose.
(3) Subject to subsection (1) and to any provision of an agreement
for the supply of information which restricts the disclosure of
the information supplied, information obtained by Her Majesty's
Procureur or a person authorised by him may be disclosed to any
person or body for the purposes of any investigation of an offence
or prosecution in the Bailiwick or elsewhere. [our underlining]
Similar points arise on the words "prosecution in the Bailiwick
or elsewhere" in section 2(1), on the power to make agreements in
section 2(2), and on the words "disclosed in the interests of justice
to any person or body for the purposes of any investigation of an
offence or prosecution in the Bailiwick or elsewhere". HM Procureur
relies on these words as entitling him to disclose information to
state authorities in the Ukraine and Finland, while the applicants
contend that these words do not so empower him, alternatively if
they do, that the section is outside the powers of the States of
Guernsey.
We take first the question of interpretation. In our judgment the
Investigation Law of 1991 has to be interpreted as enabling HM Procureur
to respond to requests from any other country in the world, because
(1) that is the natural meaning of the words used, and (2) viewed
against the background of the United Kingdom legislation, and in
particular the 1987
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