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Conference Paper: Charity without Politics? Examining the Limits of ‘Politics’ in the Law of Charity

TitleCharity without Politics? Examining the Limits of ‘Politics’ in the Law of Charity
Authors
Issue Date2012
PublisherThe International Society for Third Sector Research (ISTR).
Citation
The 10th International Conference of the International Society for Third Sector Research (ISTR), Siena, Italy, 10-13 July 2012 How to Cite?
AbstractAs a former British colony, the legal framework for charity operation in Hong Kong is greatly influenced by that in England. However, despite England took steps to modernise its charity law some 30 years ago (culminating to the enactment of the Charities Act 2006), charity law in Hong Kong has remained static for decades. Recently in June 2011, the Law Reform Commission of Hong Kong proposed to reform charities in Hong Kong. While the Commission agrees with a clear statutory definition of what constitutes a charitable purpose, it leaves open the question of whether, and if so, the extent to which, political purposes / activities are permissible ..... Not surprisingly, this has sparked a renewed interest in the relationship between charity and politics, and more specifically, the limits on the pursuit of political purposes by charities. It is well-established in English law is that the purpose of a charity must be exclusively charitable, which means that it must not have political purposes: Bowman v Secular Society Ltd [1917] AC 406. Under such a rule, not only is a charity forbidden from involving in party-politics, it is also prohibited from having as its purpose advocacy for change in the laws or policies of a government, even if the change involves poverty relief, religion or education: McGovern v AG [1982] Ch 321 .....
DescriptionConference Theme: Democratization, Marketization, and the Third Sector
Persistent Identifierhttp://hdl.handle.net/10722/160544

 

DC FieldValueLanguage
dc.contributor.authorLee, RWCen_US
dc.date.accessioned2012-08-16T06:13:48Z-
dc.date.available2012-08-16T06:13:48Z-
dc.date.issued2012en_US
dc.identifier.citationThe 10th International Conference of the International Society for Third Sector Research (ISTR), Siena, Italy, 10-13 July 2012en_US
dc.identifier.urihttp://hdl.handle.net/10722/160544-
dc.descriptionConference Theme: Democratization, Marketization, and the Third Sector-
dc.description.abstractAs a former British colony, the legal framework for charity operation in Hong Kong is greatly influenced by that in England. However, despite England took steps to modernise its charity law some 30 years ago (culminating to the enactment of the Charities Act 2006), charity law in Hong Kong has remained static for decades. Recently in June 2011, the Law Reform Commission of Hong Kong proposed to reform charities in Hong Kong. While the Commission agrees with a clear statutory definition of what constitutes a charitable purpose, it leaves open the question of whether, and if so, the extent to which, political purposes / activities are permissible ..... Not surprisingly, this has sparked a renewed interest in the relationship between charity and politics, and more specifically, the limits on the pursuit of political purposes by charities. It is well-established in English law is that the purpose of a charity must be exclusively charitable, which means that it must not have political purposes: Bowman v Secular Society Ltd [1917] AC 406. Under such a rule, not only is a charity forbidden from involving in party-politics, it is also prohibited from having as its purpose advocacy for change in the laws or policies of a government, even if the change involves poverty relief, religion or education: McGovern v AG [1982] Ch 321 .....-
dc.languageengen_US
dc.publisherThe International Society for Third Sector Research (ISTR).-
dc.relation.ispartofInternational Conference of the International Society for Third Sector Research (ISTR)en_US
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleCharity without Politics? Examining the Limits of ‘Politics’ in the Law of Charityen_US
dc.typeConference_Paperen_US
dc.identifier.emailLee, RWC: rebeccalee@hku.hken_US
dc.identifier.authorityLee, RWC=rp01258en_US
dc.description.naturepublished_or_final_version-
dc.identifier.hkuros202954en_US
dc.publisher.placeUnited States-

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