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16.8VISAdbj CODE 18-77

Mr Woodrow

Reference...

HONG KONG/SCHENGEN:

1.

HKG BRIEF LEGCO NATIONALITY SUB COMMITTEE

It is

I attach a draft paper prepared by HK Immigration Department sent by Dr Vickers (HKG, Security Branch). to form the basis of a briefing for the Legislative Council Sub-Committee on Nationality, chaired by Ms Lau. The briefing is on Thursday 19 August. Dr Vickers needs to issue the paper by 18 August, which means that we must get comments to him by close of play on 17 August close of play today would be better, if we could manage it.

Dr Vickers has asked for general comments and for clearance for Questions and Answers numbers 1,2, 11 and 12.

2.

3.

4.

Grateful if you could coordinate this with MVD and ECD (I) I have faxed them the papers.

My own initial comments are as follows

paragraph 2 accurate description of what will happen after implementation of Schengen? (MVD/ECD (I) to advise).

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paragraph 3 redraft (MVD?) to mention the October meeting (how to refer to it?) which is intended to clear the way for implementation in December, although there are technical problems which may make it impossible to implement in December.

paragraph 5 - redraft as follows "Neither UK, Eire and Denmark are members of the Schengen Convention. Denmark nevertheless requires visas for BN (0) and HKBDTC passport holders. Eire and the UK do not."

Paragraph 6 - "The UK and the Hong Kong Governments are approaching...

Paragraph 7 - Consuls General.

Question 1

Question 2

MVD to draft

this is a tricky one. Please discuss with MVD. Maybe reformulate question? Perhaps keep to defensive line - saying that HKG is not privy to details of Maastricht common visa policy, matter for HMG.

Questions 3,4,5- Please consider redrafting to say essentially the same thing more elegantly.

Questions 11,12 ECD (I)/MVD to advise.

5.

I am copying this minute to Miss Brooks for information only at this stage - but I consider we will need to clear any answer to Question 2 with Legal Advisers; please allow enough time to do this.

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