TNAG-2764-FCO40-3981-UK-Hong-Kong-Scholarship-Scheme-donation-to-the-UK-Governme-1993 — Page 121

- 2 -

without any legally enforceable obligation to apply it

for charitable purposes. But HMG intends, as one would

expect in the circumstances, to apply the fund in

accordance with the donor's wishes. This is a rather

different situation from the ordinary case where property

is disposed of under the Sign Manual. In those cases,

the property is held by a third party (usually an

executor), it belongs to charity, and the Crown directs

the method of application.

3.

In the present case, where the fund is actually

vested in HMG, a Sign Manual direction might not be

necessary at all. For example, if HMG wanted a third of

the fund to go to the Institute of Cancer Research ("the

ICR"), it could simply pay over the money. If the money

was to be paid over on certain terms, such as those set

out in the FCO's draft letter of 30th January 1989, the

sending of such a letter would, in my view, be

sufficient.

4.

However, a direction under the Sign Manual is

the way in which the Crown traditionally directs or

appoints specific charitable uses. It would certainly be

a possible method of dealing with Sir S.K. Tang's gift,

and in my view would be the most appropriate. It would

ensure that the destination of the gift is set out in a

suitably formal document, and it would avoid any question