RESTRICTED
PA.
64
HUB 290/1
Ms Major, HKD
Г
From:
Date:
Paul Fifoot
Legal Advisers
12 December 1990
CC Ms Coglin, HKD
Ms Saunders, HKD
BRITISH CONSULATE-GENERAL AND BRITISH COUNCIL
1.
As I understand it, the proposal is that the British Council, a corporation established by charter in this country, should register as an oversea company under Part XI of the Hong Kong Companies Ordinance (CAP 32). "Companies" in Part XI quite obviously includes corporations established by charter (see for example sections 333 (1)(a) and 335(1)(a)), and if the British Council exercises its functions in Hong Kong it is establishing a place of business there within the meaning of Part XI.
2. "Business" is a wide term which is by no means confined to trade or, therefore, implying commercial user. The mere registration of the British Council under Part XI of the Companies Ordinance would not, therefore, give it a status incompatible with the terms of the lease of the Consulate-
General.
6PFABL
RESTRICTED
Paul Fifoot
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