PIEU E
C D
E
F
for your views on whether the gift satisfied the legal requirements for a charitable trust. In your two helpful replies, you confirmed that subject to the views of lawyers in Hong Kong, the bequest did constitute a charitable trust.
6.
Since your replies, we have obtained the legal advice from Hong Kong which may be treated as unclassified. Senior Crown Counsel, Ms Lee, believed that the gift constituted a gift to charity though no trust had been created (para 12).
Mr Wingfield, Deputy Crown Solicitor, believed that the disbursements made from the bequest were valid (para 9).
7.
In your letter of 20 November 1989 you advised that it was open to the FCO to make an application to the Charity Commission to establish a trust in the UK. I should be most grateful to know whether you view this advice from the Hong Kong lawyers as sufficient confirmation that the money may now safely be transferred to the UK. If so, I should welcome your views on how an application may be made.
8. Please do not hesitate to contact me if you require further background papers. If you think it might be helpful to meet in order to discuss the way forward more fully, we should be happy to arrange.
E Doherty (Ms)
Hong Kong Department
CC
Miss Brooks, Legal Advisers
No comments yet.
Private notes are available after approval.