•
Minute
gh
-
From
APAD
The British Council
Legal Adviser
Country/Department Law
Building/Room number w154
Telephone extension
4094
Date
25 October 1991
Bring forward to
ΟΠ
IN CONFIDENCE
Put away
5)
CL/HKG/680/1
Subject
(Initials and date)
HONG KONG
Please refer to your minute
CL/HKG/680/1
of
25/10
1. As we both know, the British Council is exempt from registra- are advised that tion under the Societies Ordinance, although we this is likely to change.
2.
an
a
If we presume this change is made, the British Council as body corporate should register as overseas company under Part XI of the Hong Kong Companies Ordinance (CAP 32) to your minute to me of 22 July 1991.
see Appendix W
that the 3. If the Council does so register, the problem is grant of land of Colvin House may not permit
permit a body
a body registered Of course, we under the Companies Ordinance to occupy part of it.
The do not know, because there is
there is no draft grant of the land.
to co-locate in the advice to date is that we should be able Consulate-General and undertake revenue-earning
undertake revenue-earning teaching without being in breach of the grant of the land.
4.
Does Nick
Nick Elam agree to the Council registering under the Companies Ordinance (please see his letter to Mr A Paul dated 5 July 1991)?
5.
Let
us
assume
that
the
the
has registered under Council has Companies Ordinance and moved in to part of the Colvin House site; then it is possible that, post 1997, the Chinese may take the view that the
the Council cannot occupy part of the Colvin House site, In this case, the Council because the Council is not consular. will have to de-register under the Companies Ordinance, the staff will be given consular status and therefore the Council will cease to exist in Hong Kong. If the Chinese go further and take the view that no revenue-earning teaching can take place on the Colvin House site, the Council will need to terminate its occupation at the minimum cost.
6.
I suppose really this is a policy issue, because the future law in Hong Kong is unknown and we do not have a draft grant of land of the Colvin House site.
Danith
DAVID THOM
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