"om.
Attorney General's Chambers.
ef. (51) AGC 76/230/82.
el. No.
5-8413262.
ate
12 December 1985..
MEMO
To Clark of Councils
Your................................................................CO 2/3/4356/46 II
•
dated
Charitable Trusts
داد
بدنام ہے
الدينية
I refer to my memorandum dated 4 December 1985 and to our subsequent telephone conversation (Lan/Wingfield).
2.
I am most grateful for your suggestion that I discuss the question of the exercise of the Crown's prerogative in relation to gifts to charity with Mr. Fifoot of the Foreign and Commonwealth Office. He suggested that my preliminary view that it was not possible to enact local legislation which has the effect of interfering with the Crown's prerogative is unfounded and has suggested that the most convenient way to deal with the problem would be to insert a provision in the Probate and Administration Ordinance Cap. 10 to enable the court, on an application by the Attorney General, to approve a scheme for the distribution of a charitable gift which is made without naming any charity and without a supervening trust. I do not anticipate such an amendment to the Ordinance would cause any difficulty and it would
XXMS have the considerable merit of resolving the problem both in the short
welly be firs
term and post 1997.
3.
I would be grateful if the Special Duties Unit and the Secretary, Ganaral Duties would coment on the proposal and let me know if they have any objection to me seaking drafting approval thereon. The Solicitor General vas present when Mr. Fifoot made his suggestion and I consider that if there is no objection in principle, the drafting instructions should be prepared by these Chambers in the name of the Solicitor General.
73 A
C.C. Mr. John Wilson
Special Duties limit
IF/cl
Secretary, General Duties
(I. Wingfield)
Senior Assistant Crown Solicitor
65