| Course Details |
 Course List |  Course Calendar
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| (Webinar via Zoom) Update on the Law of Charities |
| Date: |
18 July 2024 (Thursday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
U (Updates)
Be relevant to all lawyers at any level of experience, to update or to enhance legal skills |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
(3 CPD Points being applied for - The Law Society of HK) |
| Ref: |
L24OT15 |
| Venue: |
Webinar Course
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Presenter's Biography:
Steven Gallagher was awarded a first class LL.B. He was called to the Bar of England and Wales in 2006. Steven teaches equity and trusts, property law, art, antiquities, cultural heritage and the law, and digital technology and law. Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with property law. Steven's research interests include equity and the law of trusts, Chinese custom and law, cultural heritage law, and law and technology.
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Objective:
This 3-hour seminar will provide an update on the law of charities in Hong Kong and developments around the common law world. The seminar will begin by considering whether members of a company limited by guarantee may be fiduciaries of the company's charitable purposes after the UK Supreme Court's judgment in Lehtimäki v Cooper [2020]. In similar vein, the seminar will then address what considerations trustees of charities may make when undertaking investments on behalf of the charity after the decision in Butler-Sloss v The Charity Commission for England And Wales [2022] EWHC 974 (Ch). The seminar will then consider who may have standing to enforce charitable purposes in Hong Kong under s.57A(a)(iii) of the Trustee Ordinance, Cap. 29, after the Court of Appeal's judgment in 釋照月 v. Secretary for Justice & Manageresses of Man Wa Tong Temple (2017). The seminar will then consider developments in recognizing public benefit and issues with charging, particularly for charities which are meant to be advancing education. The seminar will also consider conflicts between testamentary provision for charities and statutory claims for support for relatives and dependents under the Inheritance (Provision for Family and Dependants) Ordinance, taking note of the UK Supreme Court decision in Ilott v The Blue Cross and others [2017] UKSC 17. The seminar will conclude by considering the action brought by Elon Musk, in March 2024, against OpenAI, alleging that Sam Altman and other executives of the company had "breached the founding agreement" of the company by pursuing private commercial success instead of working to benefit humanity. On the basis of this consideration, and perhaps to further Mr Musk's case, we will discuss two important questions: first, what is a charity? And, second, are all charities trusts?
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Outline:
- Charities and locus standi under s.57A(a)(iii) of the Trustee Ordinance, Cap. 29; 釋照月 v. Secretary for Justice & Manageresses of Man Wa Tong Temple CACV 221/2017; 釋照月 v Secretary for Justice [2023] HKCFI 1392;
- Members of a company limited by guarantee as fiduciaries of the company's charitable purposes: Lehtimäki v Cooper [2020] UKSC 33;
- What can a trustee of a charity consider when making investment decisions? Butler-Sloss v The Charity Commission for England and Wales [2022] EWHC 974 (Ch).
- Public benefit and public schools;
- Charitable gift, trust or trustee of charity? Secretary for Justice v Joseph Lo Kin Ching (2015) 18 HKCFAR 169;
- Who should benefit- animals or family? Ilott v The Blue Cross and others [2017] UKSC 17.
- Are all charities trusts?
- Is OpenAI a charitable trust?
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| Category: |
Others |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in either Central or Admiralty. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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