Reference
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5.
Posts are now carrying out instructions in FCO tel no 196 and we will need to take stock in the light of their reporting on the reactions of host governments. As you are aware, news of the Spanish decision to impose a visa regime has broken in Hong Kong. Dr Vickers (Security Branch, Hong Kong Governemt
HKG) is
keeping us in touch with the line line HKG is deploying; keeping MVD and News Department up to date.
Maastricht 100C
6.
I am
On the basis of Miss Brooks' minute, it would appear to be open to the UK to take the line, at least until 1 July 1997, that Hong Kong is not a third country for the purpose of Article 100C. If the UK were to deploy this argument successfully, this should mean that Hong Kong BDTCS and BN (O) s would not be added to the EC Common Visa List once we lose the power of Veto (for additions to this list) on 1 January 1996. But in practice, if Schengen member countries implement their Common Visa List (and we fail to get Hong Kong removed, or to secure special consideration for Hong Kong BDTCS and BN (0) s) then Hong Kong visitors would still have to get visa/s for Schengen member countries. The gain to the UK an important one in terms of maintaining confidence among Hong Kong BTDCS and BN (0)s would be to avoid a situation where we were forced to put visas in the passports of British nationals who would not usually be subject to pre-entry clearance.
7.
From an HKD point of view, this is a goal we would want to see pursued. I would welcome comments from MVD and ECD(I) on what Miss Brooks has to say and on how to translate this legal opinion into an action plan (for submission) to ensure continued visa free entry to the UK for British nationals from Hong Kong who would not otherwise be subject to pre entry clearance. I would also be grateful for their thoughts on when and how to canvass the Home Office, as we will presumably need to do at some stage.
8.
eg
It also occurs to me that other Dependent Territories covered by WIAD - have an interest in knowing more about Schengen as it affects "their" BDTCs, and about any strategy we formulate. Can MVD advise?
M Barnes Jones,
Вете
Deborah Barnes Jones
WH 312 270 2068
9 August 1993
visa.NAT.JRB
CODE 18-77
CC
Mr Sindon, MVD
Mr McLachlin, ECD (I)
Miss Brooks, Legal Counsellor
Ms Everett, News Department
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