c) it must be recognised by the legal Government of that state as a Voluntary Aid Society, auxiliary to the public authorities in particular in the sense of Article 26 of the First Geneva Convention of 1949, or, in states which do not maintain armed forces, as a Voluntary Aid Society auxiliary to the public authorities and acting for the benefit of the civilian population.
4. The BRCS is incorporated by Royal Charter and as a charity. According to Mr Meyer's letter of 8 March 1991 to John Hague, the Royal Charter and Rules (these are made by the Privy Council) empower the Society's governing body, the Council, to form Branches within territories under British jurisdiction. BRCS Branches overseas are either Local Branches or Central Council Branches. The Hong Kong Red Cross became a Central Council Branch of the BRCS in 1990. Central Council Branches are allowed a greater degree of autonomy under the Society's rules 1976 although they remain an integral part of the BRCS and are subject to the directions of the Society's Council in London as to general policy. The Hong Kong Red Cross has observer status on the BRCS Council and maintains regular relations with the national headquarters in London.
5.
The Hong Kong Red Cross Society is an overseas branch of the BRCS which is incorporated in the United Kingdom. As such, I think there is a respectable argument for saying that service with the Hong Kong Red Cross Society amounts to service with a British undertaking. British undertaking is defined in Article 7 of the British Nationality (Hong Kong) (Selection Scheme) Order 1990 as "a company or firm which the Governor is satisfied has a close connection with the United Kingdom". It would appear that the Hong Kong Red Cross Society does have such a connection; however whether the Hong Kong Red Cross Society satisfies the Governor as having such a connection is another matter.
6. Under Section 17 of the Order, what is relevant is service inter alia with a public body approved by the Governor for the purposes of the Selection Scheme. The intention is to catch public or community service. It is open to the Governor to approve the Hong Kong Red Cross Society as a public body under Section 17.
7. In conclusion while I think that service with the Hong Kong Red Cross Society does amount to service with a British undertaking, it is ultimately for the Governor to decide whether this is more appropriate than service under Section 17 of the Order.