CONFIDENTIAL
CONFIDENTIAL
FM FCO
TELNO 3254
TO DESKBY 15010OZ HONG KONG
OF 14160OZ DECEMBER 87
MKC 230
RECEIVED IN REGIST/
3 1 DEC 1987
DESK OFFICER
INDEX
FOR POLITICAL ADVISER FROM HUM,
AVISER
HKD
YOUR TELNO 4691: THE BRADBURY TRUST
051642
MDHOAN 4908
PA
Action
TOP COPY @_DIST.?
1
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WE HAVE SOUGHT THE VIEWS OF LEGAL ADVISERS. WITH WHICH WE AGREE, IS AS FOLLOWS.
2.
THEIR ADVICE,
WE AGREE WITH THE LINE WHICH THE ATTORNEY-GENERAL PROPOSES TO TAKE IN ANSWER TO POINTS (I) AND (III). AS REGARDS THE LATTER, WE HAVE ASSUMED THAT THE HONG KONG BANK TRUSTEE LTD IS A CUSTODIAN TRUSTEE AND THAT THE TRUST IS IN FACT MANAGED BY SOME BOARD COMPRISING A NUMBER OF INDIVIDUALS. A SINGLE CORPORATE TRUSTEE, OTHER THAN IN THE ROLE OF CUSTODIAN TRUSTEE, WOULD BE HIGHLY UNDESIRABLE.
3.
ON POINT (II), WE DO NOT (NOT) THINK IT WOULD BE AT ALL APPROPRIATE FOR THE ATTORNEY-GENERAL TO SUGGEST THAT THE BASIC LAW WILL HAVE A BEARING ON THE QUESTION. WE BELIEVE THAT YOU SHOULD DROP THAT ARGUMENT. ALTHOUGH A CHARITABLE TRUST HAS PUBLIC LAW ASPECTS (THE ROLE OF THE ATTORNEY-GENERAL BEING ONE OF THEM) IT IS NOT (NOT) PRIMARILY A MATTER FOR GOVERNMENTAL OR ADMINISTRATIVE LAW. FURTHER INSOFAR AS IT MAY BE A MATTER TO WHICH STATUTE LAW HAS ANY RELEVANCE, THIS WOULD BE A MATTER WHICH FALLS WITHIN THE AUTONOMY OF THE SAR:
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SEE JD 86 THE ONLY RELEVANT REFERENCE IN THE BASIC LAW
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SHOULD BE DRAFT ARTICLE 6 OF CHAPTER I, COVERING THE SAME GROUND. WE SHOULD NOT (NOT) WISH IT TO BE SUGGESTED THAT THE BASIC LAW SHOULD GO ANY FURTHER THAN THE DRAFT STANDS AT PRESENT. THE BASIC LAW SHOULD HAVE NO BEARING ON THE QUESTION IN (II). 4.
AS TO THE OTHER ARGUMENTS PROPOSED BY THE ATTORNEY-GENERAL, WE THINK THAT A FIRST QUESTION IS WHETHER THE WORD QUOTE BRITISH UNQUOTE IS STILL A RELEVANT QUALIFICATION AS REGARDS THE APPLICATION OF THE TRUST FUND. PARA 2 OF TUR SAYS THAT THE PHRASE QUOTE BRITISH CHARITABLE INSTITUTIONS REGISTERED IN HONG KONG OR THE UK UNQUOTE HAS BEEN HELD TO MEAN BY AN ORDER OF THE COURT OF NOVEMBER 1975 QUOTE CHARITABLE INSTITUTIONS ESTABLISHED IN HONG KONG OR IN THE UNITED KINGDOM ... UNQUOTE. THE SENSE OF THAT, WHICH MAY WELL BE INCOMPLETE, IS THAT QUOTE BRITISH UNQUOTE HAS DROPPED OUT AS A QUALIFICATION AND ALL THAT IS NECESSARY IS
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