Perhaps it might help if I explain the reason for the distinction. Section 4(5) of the British Nationality Act 1981 gives the Home Secretary discretion to register as a British citizen a British Dependent Territories citizen or other British national who has at any time served in Crown service under the Government of a Dependent Territory. It cannot therefore apply to anyone who was in Crown service under the Government of the United Kingdom, and there is no equivalent provision in the Act which would cover such people. Of the 270 or so former servicemen in Hong Kong we understand that only about 60 are British Dependent Territories citizens who served under the Government of Hong Kong, for example in the Hong Kong Volunteers. The rest served in regular British Army units, such as the Royal Artilery, and thus under the Government of the United Kingdom. Since there is no provision in the law which would enable us to grant British citizenship now to this group of people, sought to meet their needs and anxieties by giving an undertaking to admit for settlement any of the 270 or so who wish to come here at any time, together with their dependants. A person who is granted settlement here is free from any restriction on the period for which he may remain, and becomes eligible for British citizenship once he has lived here for 5 years.
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I hope this is helpful. I understand that the Hong Kong Government have now explained the position to Mr Maximo Cheng.
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