S.K. TANZ
НК мемо
(Cept 1989)
CONFIDENTIALT 2
MEMO
URGENT BY FAX
Secretary cor
Genera
S Chambers
and Manpower Asch. : Mr. Simon
Ho!
AGC ADV 3007/20
3672120
Your Ref. 1200 in EMB CR
2321/86
February 990
21.9.89
Sated
Sir S K Tang Donation
(?)
Thank YOU for your memo dated 21 September and the attachments which reached these Chambers on ecember 1989.
The question ralsed by FCO 12 this case arose upon the alft of El million by Sir S K Tang wnc, before his death, etter cated 10 March 1986 proposed to donate tae sum the accrued interest could be used for charitable
at cne complete
from
purposes Majesty
3.
whether
三
she UK Government. 11
alscretion
03
Her
1S
advise
donation.
The main question which I am asked
trust has been created by Sar S K Tang's FOX sne reasons aiscussed
the following paragraphs,
nave arrivea a= the conclusion that a trust лаз not been created by SLI S X Tang's donation. In view of my conclusion, my advice on сле questions posed 11 paragrapas 4(b), (c) anc d) OF FCO'S letter dated 20 November 1989 would not De re
d.
4.
constitute a valid crust, one of the things which LS necessary 19 that there is a clear intention to страсе a trust and indications of such an intention are to
De collected from the Language used and the circumstances
of the case.
5.
Intended
Due
to the lack of evidence 11 writing it cult Co construe with certainty whether Sir S X mang Impose હ trust save that he clearly intended be applied for charitable purposes. There are various elements of uncertainty in this case 10 making out a definite and imperative trust.
the money
of
crust. The
Fair construction of the language employed by Sır S K Tang 2n his letter of 10 March 1986 18 far short Cá ine imperative force of a declaration important words, "at the complete discretion of Her Majesty's Government", are the information which ne gave Chief Secretary of the donation which he proposed to On EMG, and they are wholly unaccompanied by the mention of any trust, No charity was mentioned in that letter.
the then
grant
/7. Apparently
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