CONFIDENTIAL
051642
MDHOAN 4908
TO SEE WHETHER THE INSTITUTIONS ARE RECORDED
FOR THE PURPOSES OF TWO STATUTES, ONE HONG KONG, ONE UK. IF THAT IS RIGHT, THEN QUOTE BRITISH UNQUOTE IS NO LONGER A RELEVANT FACTOR UNLESS, FOR SOME REASON, THE TRUSTEES ARE NOW SEEKING TO RE-OPEN THE 1975 COURT ORDER.
5.
IF, HOWEVER, QUOTE BRITISH UNQUOTE IS STILL A RELEVANT QUALIFICATION, WE SHOULD HAVE THOUGHT THAT THERE IS A FURTHER AND MUCH MORE DESIRABLE ALTERNATIVE TO THOSE SUGGESTED IN PARA 5 OF TUR. WE SHOULD HAVE THOUGHT THAT ONE COULD BASE AN ARGUMENT ON QUOTE BRITISH UNQUOTE BEING USED AS A DESCRIPTION OF THE MANAGEMENT OF THE CHARITABLE INSTITUTIONS TO BE BENEFITED. THE KIND OF EXAMPLES THAT COME TO MIND ARE THE BRITISH SCHOOLS OF ARCHAEOLOGY IN ROME AND ATHENS, AND THERE MUST BE THROUGHOUT THE WORLD A CONSIDERABLE NUMBER OF CHARITIES FOR EDUCATION PURPOSES WHICH WERE FOUNDED BY BRITISH NATIONALS AND WHICH HAVE A PREDOMINANTLY, THOUGH BY NO MEANS EXCLUSIVE, BRITISH MANAGEMENT. IT WOULD NOT, OF COURSE, MATTER THAT THOSE WHOM THE CHARITABLE INSTITUTIONS WERE INTENDED TO SERVE WERE NOT BRITISH.
6.
WE HOPE THAT THE ATTORNEY-GENERAL WILL FIND THESE COMMENTS USEFUL IN PREPARING FOR THE COURT HEARING.
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