!
Pecure of the Pressure spirity
Hr.
Mr. Layden
Balı
CONFIDENTIAL
M
mit over. Reference....
c... AL AOB
Mr Hi11 HKD
Лест
чубец ir çalpysty to se
реа
Ultra
vies
Right
Pity.
59
Aut
ho
SECTION 4 (5) BNA 1981
वा
HONG KONG: NATIONALITY:
1.
Hyung
Mm. 9/1
Under section 4(5) of the BNA 1981, a BDTC may be registered as a British citizen if the Secretary of State is satisfied that he has "served in service to which this subsection applies". Section 4 (6)(a) goes on to state that section 4(5) applies to "Crown service under the government of a dependent territory". If these BDTCs were serving as members of the British Army it is difficult to see how that could be said to be service "under the government of a dependent territory", rather than under the government of the United Kingdom.
2.
Section 50 (1) of the 1981 Act defines "Crown service" as meaning "the service of the Crown, whether within Her Majesty's dominions or elsewhere". The fact that the service was not rendered in Kong Kong is not therefore fatal, but the requirement that the service be "under the government of a dependent territory" is however not fulfilled.
3.
Those BDTCs who were members of bodies such
as the Hong Kong Volunteers may have a stronger claim to eligibility for registration, but without details of the structure and status of the organisations to which they belonged it is hard for me to give an opinion.
4.
Section 4 (5) also applies, by virtue of section 4(6)(b), to service "as a member of any body established by law in a dependent territory members of which are appointed by or on behalf of the Crown". It is hard to see how this can help
those BDTCs who have been members of the British Army.
5.
On the facts before me the Home Office view would seem to be correct, but I do find it surprising that there appears to be no parallel provision for the registration of those who served in Crown service under the UK Government. Perhaps the Home Office have some view as to why the 1981 Act was drafted in this manner.
CODE 18-77
AWO Ltd. 7/84
8 January 1986
CONFIDENTIAL
ہار
John Granger
John Grainger Legal Advisers
нни очат
RECEIVED IN REGISTRY
INDEX
Mr Poufel
Me Grainger endorses
10 JAN 1986
OFFICER
PA
REGISTRY
Taken
Hone
Effice