TNAG-2078-FCO40-2958-Hong-Kong-culture-1990 — Page 55

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Paul Fifoot

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HK CUIDEAR

55

Legal Advisers

30 October 1990

NKB 290/1

HONG KONG TELNO 3059: FUTURE OF THE BRITISH COUNCIL IN HONG KONG

1.

sodieties

TUR refers to the possibility that the Societies Ordinance may have to be amended under the adaptation of laws exercise because "the Chinese are likely to see the Royal Charter, and privileges deriving from constitution under it, as an expression of sovereignty". I suspect the reason for amendment will go wider than 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 privilege of exemption by reason of association with the United Kingdom and, unless the Chinese can be prevailed upon to accept that a special indulgence is permissible by reason of a historical connection between Hong Kong and the United Kingdom, and one must assume that the would be a question to be pursued in any adaptation consultations, I would have thought that references to Royal Charter, Royal Letters Patent and any Imperial Act would all be deleted.

2. The TUR also indicates alternative methods of seeking exemption, and I would agree that registration as an overseas corporation under the Companies Ordinance would appear to be the most preferable. The British Council is by no means the only corporation which may be involved. I attach a list of chartered companies (ie corporations established by charter) which has been provided to me by the Privy Council. Most of the bodies are learned or professional associations or charities, and I suspect that only a very limited number operate in Hong Kong. Of those that operate there, some, like the Order of St John and the Girl Guides, may be the subject of local ordinances, and others, such as the Commonwealth War Graves Commission and the Red Cross, apparently are not. It will also be noted that P & O is incorporated by charter. I assume it still does business in Hong Kong. There may be other commercial organisations which depend upon a charter and operate in Hong Kong.

3.

You may wish to send the attached list to Hong Kong to enable them to check if it throws up any possible problems.

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