RESTRICTED
Wider Implications
1.
The immediate problem for Hong Kong is the likelihood that Benelux, Italy and Greece will shortly require visas for
BDTCs and BN (0)s. We identified in our last submission the
longer term problems of further limitations on access to Europe once the Treaty on European Union comes into force and a CVL established which would be imposed by Qualified Majority Voting from 1 January 1996 (the non SC countries could not block a vote by SC bloc). Hong Kong BDTCs and
BN (0)s would then need visas for all EC member states.
8.
On the face of it we would be faced in 1996 with
imposing visas on our own British nationals visiting the UK
whether or not they would normally require pre-entry
clearance. (The situation gets even more complicated once
the External Frontiers Convention comes into force).
9.
We are still considering the way forward; this is a complex field. Our Legal Counsellor is examining the
possibility of arguing before 1 July 1997 that Hong Kong is
not covered by the terms of Maastricht Article 100c which
allows for a common visa list. The relevant Article lays down that the Council of Ministers, acting 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." There may well be room for an argument that before 1 July 1997 Hong Kong is not a third country for the purposes of Article 100C. that Hong Kong BDTCs and
BN (0)s do not fall under the Maastricht definition.
The Governor
10.
The Governor is following this matter closely and has said that he will want to discuss developments when he talks to officials on 29 July. We are briefing Sir J Coles to
4
RESTRICTED