CODE 18-77
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Spoke to M. Stephenson. He is still chasing Ho.
вично
1
HKC 345/1
TRY
Mr Stephenson
14 SEP 1990
MVD
Reference
47
две
fee (43
See (51
44
UK/AUSTRIA VISA ABOLITION AGREEMENT: HONG KONG
1.
In your minute of 28 August you asked for confirmation
that the Chinese Government had (a) agreed to right of abode
in Hong Kong for BN (0)s after 1997 and (b) recognised the
BN (0) passport. The Sino-British Joint Declaration of 1984 provides clarifiction on both points. I attach a copy which you may pass to Dr Erlich.
2. On (a), Section XIV of Annex I sets out clearly those categories of people who will have right of abode in the
Hong Kong Special Administrative Region (HKSAR). The third
category should put the Austrians' minds at rest: BN (0)s, as ex-BDTCS, will have enjoyed right of abode in Hong Kong
before 1997. They will continue to enjoy it after 1997
unless they have right of abode (and are therefore
returnable) elsewhere.
3.
The UK and Chinese Memoranda associated with the Joint
Declaration deal with (b). The UK memorandum states that
Hong Kong BDTCs will be eligible to retain an appropriate status which entitles them to continue to use a UK passport.
This is, of course, the BN (0) status and passport. The
Chinese memorandum states that Chinese nationals in Hong
Kong who were previously BTDCs may continue to use travel
documents issued by the UK (the Chinese do not use the term
passport because of their position of not recognising dual nationality). Section XIV (paragraph 3) of Annex I furthermore states that "holders of permanent identity cards
of the HKSAR may have this fact stated in their travel
documents as evidence that the holders have right of abode
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