TNAG-1559-FCO40-2123-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 41

GRS 420

CONFIDENTIAL

FM HONG KONG

TO DESKBY 29090OZ FCO

TELNO 292

OF 29034OZ JANUARY 86

INFO IMMEDIATE PEKING

CONFIDENTIAL

ник audly

RECEIVED IN REGISTRY

DES

29 JAN 1986

FICER

PA

195

To: Comm

INDEX

h

YOUR TELNO 2011 AND OUR TELNO 2921

EX-SERVICEMEN

ORDER IN COUNCIL :

WE HAVE OBTAINED LEGAL ADVICE ON WHETHER EX-SERVICEMEN COME WITHIN THE AMBIT OF SECTION 4(5) OF BNA 1981 AND HAVE MADE SOME HEADWAY IN OUR RESEARCH INTO THE STATUS OF THE EX-SERVICEMENT REFERRED TO IN LEGCO'S MOTION. IT APPEARS THAT NOT MORE THAN A NUNDRED SERVED WITH THE HONG KONG VOLUNTEERS. WE DO NOT DISPUTE THAT, GIVEN THE TERMS OF SECTION 4(6) OF BNA, EX-SERVICEMENT WHO SERVED WITH UK

CONTINGENTS WOULD NOT QUALIFY FOR REGISTRATION UNDER SECTION 4(5).

BUT THERE CAN BE NO DOUBT THAT THOSE WHO SERVED WITH THE HONG

KONG VOLUNTEERS (KNOWN AS THE HONG KONG VOLUNTEERS DEFENCE FORCE

AS IT EXISTED IN WORLD WAR - RENDERED CROWN SERVICE WITHIN THE

MEANING OF SECTION 4(6).

2. THE CORPS WAS CONSTITUTED UNDER THE VOLUNTEER ORDINANCE 1933,

WHICH PROVIDED INTER ALIA FOR THE GOVERNOR

(A) IN HIS DISCRETION, TO ACCEPT THE SERVICES OF ANY PERSON

DESIRING TO BE ENROLLED:

(B) TO DISBAND OR DISCONTINUE THE CORPS WHENEVER IT MIGHT SEEM

TO HIM TO BE EXPEDIENT SO TO DO: AND

(C) BY PROCLAMATION TO CALL OUT THE CORPS FOR ACTUAL MILITARY

SERVICE IN CASE OF GREAT NATIONAL OR LOCAL EMERGENCY.

THERE WAS A PRESCRIBED FORM OF OATH OR DECLARATION TO BE TAKEN, OR MADE, BY ALL VOLUNTEERS, BY WHICH THE VOLUNTEER UNDERTOOK TO BE FAITHFUL AND BEAR TRUE ALLEGIANCE TO, AND FAITHFULLY TO SERVE,

THE SOVEREIGN IN ACCORDANCE WITH THE PROVISIONS OF THE ORDINANCE.

PAYMENT OF THE COSTS OF THE CORPS WAS FROM MONEYS VOTED BY THE

LEGISLATIVE COUNCIL.

3. THE COMPULSORY SERVICE ORDINANCE 1939 MADE PROVISION WHEREBY

ANY BRITISH SUBJECT WHO DID NOT ENROL IN THE CORPS (OR IN THE

HONG KONG NAVAL VOLUNTEER FORCE) COULD BE ENROLLED COMPULSORILY

IN THE DEFENCE RESERVE'', MEMBERS OF WHICH DID LATER SERVE

WITH THE CORPS. IN THESE CIRCUMSTANCES IT IS DIFFICULT TO SEE HOW

MEN WHO WERE CALLED ON FOR ACTUAL MILITARY SERVICE IN THE CORPS

DURING WORLD WAR IN COULD BE SAID TO HAVE DONE OTHER THAN SERVED

CONFIDENTIAL