TNAG-2273-FCO40-3272-UK-Hong-Kong-Scholarship-Scheme-donation-by-Sir-Shiu-Kin-Tan-1991 — Page 18

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

-02-27 13:11

AGC

CONFIDENTIAL

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3

853 863 0670 P.00

12.

to

I consider that in this case there is a general gift to charity with no trust interposed though there were precatory directions in favour of certain charities suggested by FCO. With regard

the uncertainty in the mode of fulfilling Sir S K Tang's wishes, the U.K. court can remedy the situation by directing a scheme to give effect to his charitable intent. I note the powers of the court to make schemes for the administration of charities are exercisable concurrently by the Charity Commissioners (Charities Act 1960, Section 18). In settling a scheme, the approach of the court is to pay particular regard to any

indications casting light on the donor's intention.

13.

I hope the above is of some assistance answering FCO's queries.

to you in

Encl.

SCL/aw

(Ms. S. C. LEE)

Senior Crown Counsel

CONFIDENTIAL

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