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FM FCO

TO PRIORITY BTC HONG KONG

TELNO 157

OF 25100OZ JULY 91

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HKD 340/5

1071

125174 MDLOAN 8594

102

YOUR TELNOS 193 AND/222? BRITISH UNDERTAKINGS: HONG KONG RED CROSS AND SALVATION ARMY

1.

LEGAL ADVISERS HAVE NOW COMMENTED ON WHETHER THE ABOVE ORGANISATIONS CAN BE REGARDED AS BRITISH UNDERTAKINGS FOR THE PURPOSE OF THE SELECTION SCHEME. (COPY OF THE ADVICE FOLLOWS BY FAX.)

2.

IN THE CASE OF THE HONG KONG RED CROSS, THE LEGAL VIEW IN BRIEF IS THAT SERVICE WITH THAT ORGANISATION COULD AMOUNT TO SERVICE WITH A BRITISH UNDERTAKING (UNDER ARTICLE 7 OF THE SELECTION SCHEME ORDER) ON THE GROUNDS THAT THE HKRCS IS AN OVERSEAS BRANCH OF THE BRITISH RED CROSS SOCIETY WHICH IS INCORPORATED IN THE UK. BUT IT IS ULTIMATELY FOR THE GOVERNOR TO DECIDE WHETHER THE HKRCS CONSTITUTES A BRITISH UNDERTAKING, OR WHETHER IT IS MORE APPROPRIATE TO CLASSIFY SERVICE WITH THAT BODY UNDER SECTION 17 OF THE ORDER (PUBLIC OR COMMUNITY SERVICE).

3. ON THE SALVATION ARMY IN HONG KONG, THE LEGAL ADVISER HAS ASKED TO KNOW MORE ABOUT THE CONNECTION WHICH THE HONG KONG SALVATION ARMY HAS WITH THE SALVATION ARMY IN LONDON. WHAT LINKS DOES IT HAVE? GRATEFUL IF YOU COULD OBTAIN THIS FROM THE

SALVATION ARMY IN HONG KONG. LEGAL ADVISER WOULD ALSO LIKE TO SEE (IF POSSIBLE) A COPY OF THE POWER OF ATTORNEY MENTIONED IN THE ARMY'S LETTER OF 21 MARCH TO

MISS FOWLER.

4. YOUR LATEST LIST OF UNDERTAKINGS (YOUR TELNO 222) INCLUDED SAVE THE CHILDREN (SCF). UNTIL THE GOVERNOR TAKES A VIEW ON WHETHER SUCH CHARITABLE ORGANISATIONS SHOULD BE REGARDED AS BRITISH UNDERTAKINGS (UNDER LIST F(I) AND F(IV)) WE HAVE DECIDED

NOT TO INCLUDE SCF IN THE LIST FOR SUBMISSION TO MINISTERS.

HURD

YYYY

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