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Mr Jay

EC VISA POLICY AND HONG KONG

(77

1.

FROM: M O McLachlan

DATE: 18 August 1993

MUD 345/3

RECEIVE

27 AUG 1993

DESK OFFHOS INDEA

གས་

You invited my comments on Mr Rawsthorne's letter to

Mr Jay of 16 August.

2. I had actually cleared the text of my minute of 6 August in draft with B6 Division, Home Office, to make sure I had the facts of this complicated issue right.

3. Mr Rawsthorne has drawn the same conclusion as

ourselves; the way forward in the short term is to persuade other Member States not to include BDTC's and BN (0)s on an EC

common visa list. It is not clear when this will come to a

head. UKRep are exploring Commission thinking.

4. Mr Rawsthorne has presented clearly the Home Office view

that to argue against Hong Kong inclusion on a visa list on

thin legal grounds would be a mistake (for the very good

reasons stated in his paragraph 3) this was never in fact

envisaged by Legal Advisers who were merely identifying options. But this leaves us with the possible scenario alluded to in his last sentence; and at that point we may have to consider a way around the problem. (Mr Lewty, MVD,

has now minuted to Legal Advisers seeking clarification of

exactly what Article 100c demands).

5. Since the objective of this exercise was to focus

attention on possible pitfalls in future EC visa policy, to

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