1926-03-
12:10
352 269 DATS
3.01
VINTIVENTIAL TE D
URGENT BY FAX
Secretary for Education
MEMO
Attorney General's Chambers
To.
and Manpower
AGC ADV 5007/3C
im
(Attn.: Mr. Simon C. L. Ho)
From
Ref. (14)
Tel. No.
Date
8672120
27 February 1990
Your Ref. (100)in EMB CR 17/2321/86
dated
21.9.89
Sir S K Tang Donation
(?)
Thank you for your memo dated 21 September 1989 and the attachments which reached these Chambers on 22 December 1989.
2.
The question raised by FCO in this case arose upon the gift of fl million by Sir S K Tang who, before his death, by a letter dated 10 March 1986 proposed to donate the sum from which the accrued interest could be used for charitable purposes in the UK "at the complete discretion of Her Majesty's Government."
3.
The main question which I am asked to advise is whether a trust has been created by Sir S K Tang's donation. For the reasons discussed in the following paragraphs, I have arrived at the conclusion that a trust has not been created by Sir S K Tang's donation. In view of my conclusion, my advice on the questions posed in paragraphs 4(b), (c) and (d) of FCO's letter dated 20 November 1989 would not be required.
4.
To constitute a valid trust, one of the things which is necessary is that there is a clear intention to
create a trust and indications of such an intention are to be collected from the language used and the
the circumstances of the case.
5.
Due
to the lack of evidence in writing it is difficult to construe with certainty whether Sir SK Tang intended to impose a trust save that he clearly intended the money to be applied for charitable purposes.
There are various elements of uncertainty in this case in making out a definite and imperative trust.
6.
A fair construction of the language employed by Sir SK Tang
in his letter of 10 March 1986 is far short of the imperative force of a a declaration of trust. The important words, "at the complete discretion of Her Majesty's Government", are the information which he gave to the then Chief Secretary of the donation which he proposed to grant on HMG, and they are wholly unaccompanied by the mention of any trust. No charity was mentioned in that letter.
/7.
Apparently
CONFIDENTIAI
1412