TNAG-2161-FCO40-3083-Hong-Kong-visa-abolition-agreements-1990 — Page 54

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Immigration and Nationality Department

Lunar House 40 Wellesley Road Croydon CR9 2BY

Telephone 081-760 1198

(GTN 3822)

Ms P A Major

Hong Kong Department

Mr Stephenson mVD Mr Baker Eco(1) /

Воробе to HK, Do

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Fax No. 081 760 1111

Your reference

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you comments / additions?

Foreign & Commonwealth Office

LONDON SW1A 2AH

Dear Ms Major

Alhajie KaR.

Our reference

45

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HONG KONG AND THE SCHENGEN AGREEMENT

Mr Cory has asked me to reply in his absence to your letter of 9 August seeking advice on the implications for Hong Kong of the Schengen common visa requirement. I apologise for the time it has

taken to respond.

The Convention goes into some detail on how visa arrangements should work, the objective being to produce a common Schengen visa. In line with continental practice they think only in terms of 3 month visitors' visa for this and Article 18 makes it clear that longer visas are to remain strictly national authorities. They will enable visitors to transit other Schengen countries en route to the country of issue, provided that the holder is otherwise acceptable to the frontier authorities.

Article 9 requires the Schengen partners to work towards harmonising their 3-month visa policies, and recognising visas issued by other Parties until a common visa is achieved. The common visa will come in 2 varieties: a visa which allows multiple entry (with a ceiling of a total 3 months stay in any 6 months from date of entry), and a transit visa which allows the holder to spend up to 5 days crossing the Schengen territories. Common visa holders will be allowed to travel freely within Schengen as will holders of national visas, up to 3 months from the date of entry. Member States may issue visas with limited territorial validity where the recipient would not meet the standard Schengen conditions but in such cases the issuing state is required to notify the others.

Probably the main concern for Hong Kong is whether they will appear on the common visa list being drawn up by the Schengen partners. Discussions about the make up of the list are still taking place. and while it is too early to say which countries will find