We wish to address you on a matter which vitally concerns a small number of Her Majesty's subjects, former citizens of the United Kingdom and Colonies. They served in the Hong Kong Volunteer Defence Corps and in other units of the Armed Forces and fought for King and Country in World War II in Hong Kong, in Burma and in other theatres of conflict. Many of whom later
became prisoners-of-war.
On the enactment of the British Nationality Act 1981 the above subjects became British Dependent Territories Citizens and Mr.J.V.G.Mitchell, Chairman of the Hong Kong Prisoners of War Association, on the 1st March 1985 made written representations to the Secretary of State for Home Affairs (copy attached). In the reply from the Nationality and Treaty Department of the Foreign and Commonwealth Office (copy attached) the writer states on page 2 that section 4(5) of the 1981 Act does give the Home Secretary discretion to register a BDTC as a British citizen "provided he has been in Crown Service". He then says, in the final paragraph, that "nationality is a matter of law enacted by
Parliament and ministers have no discretion to vary it in the light of individual circumstances". It would appear that it is accepted that service in the H.K.V.D.C. in the Battle of Hong Kong and in other units of the Armed Forces in battles elsewhere
and internment as P.0.Ws. constitute Crown Service. In which
event, the above two statements quoted from the reply seem to be contradictory because if the condition precedent is fulfilled, that is, Crown Service, there is no suggestion of varying the law in the light of individual circumstances: only the circumstances will have to be considered. Is "close family connections with the United Kingdom" then the one and only criterion?
These individuals will in fact be losing their birthright which was the protection afforded by a British administration in
a territory over which Britain maintained its rule. They were
thus subject to the obligations of British rule, and thus to defend the territory when it came under attack as part of Britain's overseas realm; therefore they (the British citizens living in
Hong Kong) have a strong claim to the continued protection of
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