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HONG KONG: VISA WAIVER ARKANGEMINISY WITHWEST EUROPEAN COUNTRIES
4 FEB 1980
DESK OFFICER
REGISTRY
See
1. Hong Kong have been trying unsuccessfully for some time to negotiate visa waiver arrangement with the Republic of Austria and the Federal Republic of Germany. Aast tober they sought FCO advice as to whether their visa waiver arrangements with other West European countries had a formal basis, in the hope that they could point to such precedents to suggest that Austria and Germany are out of line.
2. At that time a reply was sent, I believe by Migration and Visa Department, saying that none of the UK's visa waiver agreements with other West European countries extend to Hong Kong, therefore their arrangements must have an informal basis.
3. Since then I have had occasion to look at some of the agree- ments in question, and I am not sure that I agree with MVD. Before researching the matter further, I should appreciate your comments on my interpretation of those agreements at which I have looked.
3. I attach a note concerning the Federal German Immigration Regulations, which clearly states their position, and also a copy of the Exchange of Notes between the Governments of the UK and the Republic of Austria concerning the Abolition of Visas. Article (1) (a) defines those persons entitled to visa waiver. a Hong Kong British passport cover bears on the bottom the inscription "Hong Kong", it clearly does not fall within the terms of the provisions.
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4. As an example of an agreement with another European country, I attach a copy of the Exchange of Notes between the Government of the UK and the Government of the Swiss Confederation concerning Arrangements to Facilitate Travel between the United Kingdom and Switzerland. You will note that at Annex A there is a list of (mostly former) Dependent Territories. Presumably MVD interpreted this as indicating those territories to which the Agreement applies. However, on reading the full text, Annex A relates specifically to Articles 1(c)(iv), 1(f)(i), 1(g) and 1(m). Those persons entitled to visa waiver are, however, defined in Article 1(c) as a whole. It seems to me that Article 1(c)(i) does extend to a Hong Kong passport, as it does not specify what the inscription on the bottom of the passport cover must be.
5. I should be grateful to know whether you agree with my inter- pretation of the Swiss Agreement. If you do, I shall obtain copies of our Agreements with the other West European countries to see if they are worded in the same way, and shall then get in touch with Hong Kong.
24 January 1980
Rhona J.M. Ritchie
R J M Ritchie (Ms)
Hong Kong and General Department K242 233 3988
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