TNAG-2483-FCO40-3614-UK-Hong-Kong-Scholarship-Scheme-donation-to-the-UK-Governme-1992 — Page 59

Ms S. C. Lee

Senior Crown Counsel

Attorney General's Chambers Queensway Government Houses Hong Kong

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Foreign & Commonwealth

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Sir S K Tang Bequest

I have been advised that we need to come back to you about this bequest, which we last discussed with you in 1989.

The background to the Bequest is that in 1986, Sir S K Tang bequeathed to HMG £1 million the interest of which was

used for charitable purposes. I enclose a fuller summary of the background.

In 1989 Mr Stone, Hong Kong Department, referred to Hong Kong for advice on the legal status of the Bequest.

I enclose your minute of 27 February 1990 and that of Mr Wingfield, Deputy Crown Counsel, 26 April 1989, both of which were passed to Mr Stone on 28 February by the Secretary for Education and Manpower. After receiving Hong Kong's views, this department discussed the matter with the Charity Commission and in May 1991 made an application to set up a Scheme to administer the Bequest. Unfortunately it took until April 1992 for the Charity Commission to come back with their reply.

Mr Slack (and our legal advisers agree) has now advised us that we need to refer back to you because at present there is a lack of "mode" for carrying into effect Sir S K Tang's Bequest, and a Scheme therefore needs to be made. As you said in your minute Sir S K Tang left no Trust on which to base a Scheme. Thus Mr Slack suggests that there is therefore a need for a Sign Manual to establish a Scheme. I am attaching a copy of his letter of 27 April for a full explanation.

I should be grateful to know if the Attorney General agrees with Mr Slack; and if so, whether the appropriate direction under the Sign Manual could be given by the Attorney General.

I would also be grateful for as early a reply as possible so that we can get this matter sorted out at last.

Yours. Sincerely

farah Hasper

S J Haspel (Ms)

Hong Kong Department

3 July 1992

cc. Mr Slack, Charity Commission.

Ms Brooks, Legal Advisers.