E
F
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 is open to the Charity Commissioners on an application from the FCO to make a scheme if we found that there is no bar to obtaining the money from Hong Kong. We believe that in the light of the legal advice referred to in para 6 above, there is no bar to obtaining the money from Hong Kong. Accordingly, I would be most grateful if the Charity Commissioners would now be kind enough to make a scheme to administer a charitable trust of the money in the UK.
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 do so.
Yours sir
sincerely,
Emer Doherty
E Doherty (Ms)
Hong Kong Department
CC
Miss Brooks, Legal Advisers
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