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HKC345/1
RECENTO
04 JAN 1991
FM FCO
TO PRIORITY HONG KONG
INDEX
TELNO 2436
OF 281535Z DECEMBER 90
INFO ROUTINE VIENNA
2
66.
047015
MDLOAN 7451
*STRY
TOP COPY Q DIST? RM 28/12
MY TELNO 2396 AND YOUR TELNO 3804: ANGLO/AUSTRIAN VISA ABOLITION AGREEMENT
1.
WE HAVE ALREADY MADE TO THE AUSTRIANS IN A FORMAL DIPLOMATIC NOTE THE FOUR POINTS IN YOUR TELNO 2510. WE SHALL PUT THEM AGAIN WHEN WE COME TO REVISE THE VISA ABOLITION AGREEMENT (VAA). BUT WE FEEL WE MUST STRESS THAT, WHATEVER THE OUTCOME OF THE REVISION, THE POSITION OF HONG KONG BDTCS CANNOT/CANNOT REMAIN AS AT PRESENT.
2. THE PRESENT POSITION IS THAT THE AUSTRIANS HAVE BEEN GIVING VISA FREE ACCESS TO BDTCS AS A RESULT OF A MISUNDERSTANDING. THAT MISUNDERSTANDING HAS NOW BEEN CLARIFIED CAT AUSTRIAN INSISTENCE). A CONTINUATION OF THE STATUS QUO IS THEREFORE HARDLY POSSIBLE AND, IN OUR JUDGEMENT, OUT OF THE QUESTION FOR THE AUSTRIANS GIVEN THAT THEY HAVE PRESSED US SO HARD TO REVISE THE VAA. THE ONLY WAY WE CAN SEE TO MAINTAIN VISA FREE ENTRY FOR BDTCS AND BN (0)S IS BY REGULARISING IT (IE OPTIONS (B) OR (C) IN MY TELNO 2774). OTHERWISE, VISA-FREE ENTRY IS LIKELY TO BE WITHDRAWN (OPTION (A)) NOW THAT THE AUSTRIANS ARE AWARE OF THE TRUE RETURNABILITY STATUS OF BDTCS AND BD (0)S.
3. THE ABOVE MAY BE CLEARER IF WE GIVE MORE BACKGROUND. SINCE 1983/4 THE AUSTRIANS HAVE BEEN UNDER THE MISAPPREHENSION THAT HOLDERS OF BDTC PASSPORTS HAD RETURNABILITY TO THE UK CAND WERE THEREFORE INCLUDED UNDER PARAGRAPH 6 OF THE ANGLO/AUSTRIAN VAA WHICH SETS OUT THOSE BRITISH NATIONALS COVERED BY THE AGREEMENT). LARGELY AS A RESULT OF THE INTRODUCTION OF BN(0) PASSPORTS, THE AUSTRIANS LOOKED AT THE SITUATION AGAIN. THEY BEGAN TO SUSPECT THAT GIVING VISA FREE ACCESS TO BDTC CAND NOW BN (0)) PASSPORT HOLDERS WAS CONTRARY TO THE TERMS OF OUR VAA. WE TRIED TO AVOID A CATEGORICAL STATEMENT, HOPING THAT THE AUSTRIANS WOULD ALLOW THE STATUS QUO TO CONTINUE. BUT FINALLY THEY PRESSED FOR CONFIRMATION OF BDTC AND BN (O) STATUS. WE COULD NOT, OF COURSE, GIVE ANYTHING BUT A FACTUALLY CORRECT ANSWER (THOUGH WHEN CLARIFYING THE SITUATION WE DID STRESS THE
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