- Instructor: Stephen Gallagher
Date: 16 June 2023 (Friday) Time: 2:30pm–5:45pm Language: English Level: Elementary
Speaker: Stephen Gallagher,
Professor of Practice in Law, Associate Dean (Academic & Student Affairs), the Faculty of Law, The Chinese University of Hong Kong
Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts: 3 points Fee: HK$1,790
Highlights:
This 3-hour seminar will provide an introduction to the existing law of charitable trusts in Hong Kong and the legislative changes to this area of the law that were proposed in 2013. The seminar will begin with consideration of the existing law of charitable trusts in Hong Kong, including the benefits of charitable status for a trust and the requirements for charitable status. The seminar will then consider the problems with the modern law of charitable trusts in Hong Kong as identified in the Law Reform Commission’s public consultation report published in 2013 and the recommendations on proposed legislative changes.
Some of the topics considered in this seminar will be:
- The beneficiary principle and the problem with purpose trusts;
- The benefits of charitable status for trusts;
- Problems with charitable trusts;
- The definition of charity;
- Categories of charitable purpose;
- The public benefit requirement;
- The poor relative and poor employee exceptions;
- Mixed private and public purposes;
- Proposed changes to the oversight of charitable trusts;
- The potential civil and criminal liabilities of trustees of charitable trusts;
- A brief consideration of the doctrine of cy-près.
