AG
plice! Effe
-90-02-27
13:11
260
852 869 6970
F.04
File No.
Foge
Mr. C.E. Leeks, PS/CH
Sir S.K. Tang's 51 million donation to HMG
The Attorney General has asked me to reply
to your minute dated 15 March 1989.
2.
wrote
со
On 23 February 1989 the FCO Government House asking for our help to obtain the papers listed in their letter for the information of their Legal Advisers. You have asked whether it is really necessary for them to have the papers and whether any of the enclosures on your file would assist them.
3.
I assume that the difficulty that Legal Advisers have in mind is in determining whether the essential requirements for the creation of a charitable trus: have been satisfied. There must be certainty Of intention on
the part of the donor, which cannot be inferred from Six S.K.'s letter of 10 March 1936 alone. While he was making a proposal, ip is arguable chas at that stage whether he put 20 into effect or not depended upon the UK Government's response.
4.
While 2 charitable gift cf cash need noc be evidenced in writing, in the absence OF such
be may
prudent
obrain confirmation otherwise entitled have
evidence, it
Cha=
persons
no claim on the
money prior to any distribution being made.
5.
I have obtained a Copy of Sir S.K.'s ill and codicil from the Probate Registry and you may wish to forward them to Legal Advisers for their informazion. There is no mention of the gift in
of the gift in the will although I note that clause 5 requires Sir S.K.' S trustees
5.
pay
any donations which I have Comm. during my lifetime but not yet paid out.'
I suggest that you
you provide the FCO with a copy of the Chief Secretary's letter dated 12 March 1996, although its terms are not really very helpful, Since it is clear that at that stage the UK Government had the gift on the terms proposed.
been not
asked to confirm that
would accept
/ 7.