TNAG-2078-FCO40-2958-Hong-Kong-culture-1990 — Page 52

CONFIDENTIAL

57

072570 MDLOAN 3415

AKB 290/1

Info

CONFIDENTIAL

FM FCO

TO ROUTINE HONG KONG

TELNO 2161

OF 14113OZ NOVEMBER 90

INFO ROUTINE BTC HONG KONG,

UKREP

JLG HONG KONG

SI

YOUR TELNO 1704: FUTURE OF THE BRITISH COUNCIL IN HONG KONG

SHOULD HAVE BEEN: YOUR TELNO 3059%

[REATEL

1.

THANK YOU FOR THE HELPFUL CLARIFICATION IN TUR. WE TAKE YOUR POINT THAT THE BRITISH COUNCIL MIGHT LOSE ITS EXEMPTION FROM REGISTRATION UNDER THE SOCIETIES ORDINANCE IF AS SEEMS LIKELY THE EXEMPTION PROVISIONS IN THE ORDINANCE ARE AMENDED UNDER THE ADAPTATION OF LAWS EXERCISE. IF THE ORDINANCE IS SO AMENDED, WE AGREE THAT REGISTRATION UNDER THE COMPANIES ORDINANCE WOULD BE THE BEST OPTION.

2.

WE NOTE THAT PARAGRAPH (5) OF THE SCHEDULE TO THE SOCIETIES ORDINANCE REFERS TO ANY COMPANY OR ASSOCIATION CONSTITUTED UNDER ROYAL CHARTER, ROYAL LETTERS PATENT, ANY IMPERIAL ACT OR ANY ORDINANCE. APART FROM THE REFERENCE TO AN ORDINANCE, THE OTHER- PROVISIONS ACCORD THIS PRIVELEGE OF EXEMPTION BY REASON OF ASSOCIATION WITH THE UNITED KINDOM. UNLESS THE CHINESE CAN BE PREVAILED UPON TO ALLOW THIS TO CONTINUE BY VIRTUE OF A HISTORICAL CONNECTION BETWEEN HONG KONG AND THE UNITED KINGDOM, THE REFERENCES TO THE ROYAL LETTERS PATENT AND ANY IMPERIAL ACT AS WELL AS THE ROYAL CHARTER MAY ALSO BE DELETED. THIS IS SOMETHING WHICH MAY NEED TO BE PURSUED IN THE ADAPTATION CONSULTATIONS.

3.

IF THE ADAPTATION EXERCISE DOES GET RID OF THE EXEMPTION PROVISIONS IN THE SOCIETIES ORDINANCE AND ELSEWHERE, WE ASSUME THAT THIS COULD HAVE IMPLICATIONS FOR THE LEGAL STATUS OF OTHER ORGANISATIONS AFTER 1997. WE ARE SENDING TO YOU BY BAG A LIST OF BODIES ESTABLISHED BY ROYAL CHARTER, WHICH HAS BEEN PROVIDED BY THE PRIVY COUNCIL. MOST OF THESE BODIES ARE LEARNED OR PROFESSIONAL ASSOCIATIONS OR CHARITIES. WE ASSUME THAT ONLY A FEW OF THEM OPERATE IN HONG KONG. OF THOSE THAT DO, SOME SUCH AS THE ORDER OF ST JOHN AND THE GIRL GUIDES MAY BE THE SUBJECT OF LOCAL ORDINANCES, BUT OTHERS SUCH AS THE COMMONWEALTH WAR GRAVES COMMISSION AND THE RED CROSS ARE NOT. THERE MAY ALSO BE COMMERCIAL ORGANISATIONS WHICH DEPEND UPON A CHARTER AND OPERATE IN HONG KONG (EG P AND O).

PAGE 1 CONFIDENTIAL