 Diana Elias said her court action was not about the money |
An 81-year-old woman interned by the Japanese during World War II has won her legal battle for compensation. Diana Elias had been told she was not eligible for a �10,000 payout because neither she nor any of her immediate family was born in the UK.
A High Court judge ruled the government scheme indirectly discriminated against those of non-British national origin.
The ruling could have implications for more than 1,000 people whose claims were refused on the same grounds.
The Ministry of Defence (MoD) scheme gives a payment of �10,000 to civilians who were imprisoned in internment camps in the Far East during the Second World War or their surviving spouses.
 | The Japanese came to arrest us in the middle of the night |
The MoD argued that its policy did not discriminate on grounds of race, but was a "proportionate as well as rational" means of achieving the legitimate aim of identifying those with a close connection with the UK at the time of captivity who should receive awards.
In the High Court on Thursday, Mr Justice Elias, who shares the applicant's name but is not related, agreed the government's aim was "legitimate".
But deciding who could receive awards by reference to place of birth, or whether a parent or grandparent was born in Britain, was not justifiable in all the circumstances, he added.
"It is plain that the extent of the discrimination on grounds of national origin is very marked indeed," he said.
'It's not the money'
Diana Elias, who now lives in Palmers Green, north London, was arrested in Hong Kong after the fall of the colony in 1941.
 | The MoD has consistently failed to meet the debt of honour owed to these people  |
She was held in the camp along with her family for four years until liberation in 1945.
Mrs Elias is delighted with the High Court decision but told the BBC News website she did not pursue the action for financial gain.
"It's not the money, it's the justice I wanted because the government betrayed me. We went to hell - our house was taken, our property was taken, we had nothing," Mrs Elias said.
Mrs Elias was represented by John Halford, a solicitor specialising in public law and human rights.
After the ruling Mr Halford called on the MoD to apologise to Mrs Elias and others in a smilar situation.
"The MoD has consistently failed to meet the debt of honour owed to these people who were interned and ill-treated because they were British but refused compensation because they were deemed not British enough for that, thanks to their race," Mr Halford said.