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1.

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CODE 18-77

RESTRICTED

Reference...

to

Mr Merry, MVD

Hick 345

RECEIVED IN REGISTRY NO. 51

1 1 FEB 1980

HONG KONG: VISA WAIVER

DESK OFFICER PRINTMENTSA

HKK 345/2

19779

55

REGIST Action

Aw 12/2

P.A.

RIMR

7/2

Hong Kong telegram No 1385 of 8 October 1979 sought advice as to whether the arrangements by which certain European countries admit Hong Kong passport holders without visas are entirely informal or are provided for in bilateral agreements, either with Hong Kong or with the UK. Your predecessor,

Miss White, dealt with the enquiry and replied in FCO telegram No 824 of 12 October.

978848345/2

2. Miss White told me at the time that she had checked several of these agreements, including, e.g. the Swiss one, and that they did not extend to Hong Kong. I gather she had interpreted the Annex to the Swiss agreement as being an extension clause. However, I recently looked in detail at the Agreements with all the West European countries, and came to the conclusion that I disagree with her interpretation. In the Swiss Agreement, the Annex does not serve the function of an extension clause, and paragraph 1(c)(i) can be interpreted as covering Hong Kong.

3. I have consulted our Legal Adviser, who confirms that the Swiss Agreement and those with Belgium, Denmark, France, Italy, Luxembourg, Netherlands, Norway, Portugal and Sweden do cover Hong Kong. Those which do not are those with Austria, the Federal Republic of Germany, Greece, Spain and Turkey.

4. I propose to write to Hong Kong along the lines of the attached draft and should be grateful for any comments you may have.

4 February 1980

Rhona J. M. Ritchie

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R J M Ritchie (Ms)

Hong Kong and General Department K242

233 3988

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