HONG KONG NATIONALITY ORDER IN COUNCIL
BRIEFING NOTES
3.
1.
GRANT OF BRITISH CITIZENSHIP TO FORMER SERVICEMEN IN HONG KONG
WHAT HONG KONG REQUESTED
There are believed to be about 270 former servicemen
who fought in Hong Kong's defence during Second World War.
that they should be granted British citizenship.
2.
WHAT GOVERNMENT HAVE AGREED
in Hong Kong
Hong Kong asked
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Favourable consideration will be given to s4 (5) applications from the 60 or
so former servicemen who are eligible because they are or could become BDTCs
and because they served in local units, such as the Hong Kong Volunteers during
the War. The Home Secretary has also announced that from 23 April 1986 he
will accept applications from any of the 270 who wish to come to UK to settle,
with their dependents.
These aspects have been welcomed by UMELCO as a fitting recognition of the
service given by these ex-servicemen.
3.
WHY NOT GRANT TO ALL FORMER SERVICEMEN
It is not possible to make provision in the Order to confer British citizenship on all former servicemen in Hong Kong, because this is not permissible under
the Hong Kong Act 1985. It would require an amendment to the British Nationality
Act 1981. Such amendment could not be made by the Order, because that cannot
make any provision not permitted under the Hong Kong Act. It would therefore
require primary legislation.
The reasons are as follows:
a)
Some former servicemen may not be BDTCs : para 2 of the Schedule
to the Hong Kong Act, and consequently the Order itself, can only
affect people who are BDTCs (by virtue of a connection with Hong Kong).
b)
Some may be ethnic Chinese BDTCs or may have another non-British
nationality: nothing in the Hong Kong Act permits the conferral of
British citizenship on BDTCs who do not risk statelessness.
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Private notes are available after approval.