Reference.......
JALAOB
CONFIDENTIAL
Gekinger,
Mr Grainger, Legal Adviser
HONG KONG: NATIONALITY
1.
Senior Unofficial
agreement
to
register
Members of the Hong Kong
Legislative Council in Hong Kong have been pressing for HMG's
British Citizens under
as
Section 4(5) of BNA 1981, on the grounds of Crown Service, some 400 former servicemen (BDTC) in Hong Kong who fought in the second World War.
2.
The Home Office view So far is that as Section 4(5) applies only to Crown Service under the Government of a Denendent Territory and that as most of the former servicemen who served with such units as the British
Army Aid Group, the Royal Artillery and the Royal
Engineers and we re therefore in Crown Service under the Government of the United Kingdom, Section 4(5) could not
in be applied
their case.
There are
few however a
their former Hong Kong Volunteers who might qualify as service could be said to have been under the Hong Kong Government.
3.
This is of
course
a
but
the
Home Office matter Home Office have asked us for our (Legal Adviser's) Comments. They are also in
in contact with the Ministry of Defence. Could you please therefore let me have your the applicability of Section 4(5) to the se copy of a
on
views servicemen as soon as possible? relevant telegram from Hong Kong.
6 January 1986
нии
I attach a
Motill
0404
RECEIVED IN REGISTRY
10 JAN 1986
DESK OFFICER
INDE
M T Hill
Hong Kong Department
primay
Lo
CONFIDENTIAL