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RECEIVE
11 AUG 1993
DFS OFFuse
INDER
Ms Barnes Jones HKD
From:
Miss S Brooks Legal Counsellor
Date: 4 August 1993
CC: Mr Sinden, MVD
Mr McLachlin, ECD (I)
66
HONG KONG: VISAS
In
1. I agreed to look at the position of Hong Kong in relation to Article 100c of the Treaty on European Union and under the draft Convention between the Member States of the European Communities on the crossing of their external frontiers. looking at them, the position of Hong Kong before 1 July 1997 and after 1 July 1997 needs to be considered.
Article 100c
Before 1 July 1997
2.
Paragraph 1 provides that:
"The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, shall determine the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States.".
In this context, "third countries" must mean countries which are not Member States. Before 1 July 1997 Hong Kong will still be a dependent territory of a Member State and persons in Hong Kong holding British nationality will be nationals of a Member State, the UK. There is a good case for arguing that before 1 July 1997 Hong Kong will not be a third country for the purposes of Article 100c and persons resident in Hong Kong possessing British nationality will have the nationality of a Member State. On the other hand, it could be argued that because the Treaty on European win Union not apply to Hong Kong, then at least in respect of those British nationals who are not also Community nationals, Hong Kong is a third country for the purposes of Article 100c. I attach the definition of "Community nationals" in respect of the UK so that you can see which categories of British nationals fall within the definition of "Community national". British citizens are "Community nationals"; BNOS and BDTCs are not. There is a convincing case for arguing that those British nationals who are Community nationals do not require visas.
3. The position is less good for persons who have a nationality other than British nationality and who are resident in Hong Kong, for example, Chinese nationals.
Although Hong
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