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Mr Jay

11 AUG 1993

DESK OFFICEF

EC VISA POLICY

INDEX

FROM: DATE:

CC:

رد

M O McLachlan

6 August 1993

Mr Woodland,

EC Unit, Home Office Ms Brooks,

Legal Advisers

Mr Sindon,

MVD

M's Barnes Jones

HKD

(68

It

1. Mr Jay asked whether the recent submission and telegram on EC visa policy had been cleared with the Home Office.

had.

The Home Office agreed all the details of the lobbying action with those Schengen countries which have not yet adopted a visa regime on Hong Kong British Dependent Territory Citizens (BDTCs) or British Nationals Overseas (BNOS). They are not sanguine of our chances of getting Hong Kong removed from the Common Schengen Visa List (CSVL), which is likely to

But represent an aggregation of national visa requirements. it is worth a try: though we should guard against hollow promises to Hong Kong about what such an exercise may achieve.

2. It is difficult for us to influence the content of the CSVL. But this problem will also come up with the EC Common Visa List (CVL). Legal Advisers have looked at the legal arguments which we could use with our partners to keep BDTCs and BNOS off the EC Common Visa list (CVL), if this is what we want. Shelagh Brooks' minute of 4 August (attached) discusses this option.

3. Briefly, visa requirements are based on nationality. We could make a challenge based on the wording of Article 100c ie British Nationals are not nationals of "third countries". But case is weakened by the terminology of our own declaration

66

MMCL0806M1

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