TNAG-2161-FCO40-3083-Hong-Kong-visa-abolition-agreements-1990 — Page 166

CODE 18-77

Mr Smith baitan And me

Mr Peart

CONFIDENTIAL

27721 18 20 2 Ke 345/1

ittan Eagree thatione

me $20

Mr January, WIAD

&

8 MAY 1990

TRY

GISTRY

#tokom

Reference

9

Miss Mess Mr Payal No 8/3

Ms

BERMUDA: VISA ABOLITION AGREEMENTS WITH EC MEMBER STATES

Hancock.

1/3

Please see the attached copy of Mr January's draft submission and telegram.

1.

2.

I am sorry to have delayed this, particularly since even now the complexity of the issue prevents me from providing suggested final revisions to the drafts. I have inserted a few specific drafting amendments where this is possible, but otherwise have indicated more generally in the margins the considerations that need to be taken into account in reworking certain passages.

3.

The background is as follows. Prior to the introduction of the British Nationality Act 1981 some of the visa abolition agreements which we have with some 41 countries included provision for those countries to admit without visas British Subjects, Citizens of the UK and Colonies resident in our Dependent Territories. The 1981 Act changed the status of the DT residents concerned from BSCUKC to British Dependent Territory Citizen. We sent notes to the London Embassies of all the VAA partner countries in 1981 advising them that it was our intention that the UK's international agreements should be interpreted as continuing to apply to BDTC's and BOC's as they had previously to BSCUKC's. However, the legal basis for this assertion was always in doubt and in practice a number of EC member states have since that time insisted that BDTCs resident in Bermuda (and in other Dependent Territories) have visas.

4.

The Government of Bermuda have repeatedly pressed us to lobby the EC countries concerned on their behalf to set up a special visa-free provision for Bermuda. We have so far resisted this, giving them instead delegated authority to negotiate direct while offering the logistical (but not diplomatic) support of our missions in the countries concerned. The reasons for this policy have been:

(a) had HMG become involved in negotiations it would have been difficult to confine them to Bermuda alone; we would have needed to speak on behalf of all Dependent Territories;

CONFIDENTIAL