TNAG-2634-FCO40-3825-Future-of-Hong-Kong-nationality-British-undertakings-1992 — Page 74

Mr Morris

HKD

HKD 340/3

FROM:

Miss S Brooks

Legal Counsellor

TEAK 1997

DATE:

20 January 1992

чк

CC:

Mr Chamberlain

Deputy Legal Adviser

BRITISH UNDERTAKINGS: SALVATION ARMY AND SCF

1.

You ask me whether the Salvation Army and the British Red Cross qualify as 'British undertakings' as defined in Article 7 of the British Nationality (Hong Kong) (Selection Scheme) Order 1990. The questions that have to be answered are firstly, whether these two bodies are companies or firms and secondly, whether they have a close connection with the United Kingdom.

The Salvation Army

2. I have asked to see a copy of the Salvation Army Act 1980 concerning the Salvation Army. Meanwhile, on the basis of the papers you have sent me, it seems that the General of the Salvation Army is a corporation sole but there is no indication that the Army itself is incorporated. Indeed, if the General is a corporation sole, the inference would appear that the Army is not. In other words, the Army appears to fall outside the definition of 'British undertakings'. If the Act changes my view, I will let you her know.

Miss Brooks

did not

Chad

"Pi3/3

Save the Children Fund

3. It appears from the papers which you have sent me that the Fund is incorporated both in the United Kingdom and in Hong Kong. I believe in the past that incorporation in the United Kingdom has been considered as a sufficient 'close connection' with the United Kingdom for the purposes of taking a firm within the definition of 'British undertakings' at Article 7.

AELACA

Shelagh Brooks.

•

S Brooks

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