TNAG-1557-FCO40-2121-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 196

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