TNAG-2385-FCO40-3467-Future-of-Hong-Kong-visa-abolition-agreements-1991 — Page 16

1991-10-25 17:11 SECURITY BRANCH

852 868 5074 7.013

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG

T. NO 1249

OF 0410202 JULY 90

CONFIDENTIAL INFORMATION

13/2071/47

010598

58

INFO PRIORITY PEKING, UKREP JLG HONG KONG

TANG'S (SECURITY BRANCH) LETTER TO MAJOR (HKD) OF 21 MAY (NOT TO ALL): VISA ABOLITION AGREEMENTS BETWEEN HONG KONG AND THIRD COUNTRIES

1. WE CAN WELL UNDERSTAND YOUR DESIRE TO SECURE VISA-FREE ACCESS FOR BN (0)S POST 1997. INDEED, WE BELIEVE A PROBLEM COULD EMERGE BEFORE THEN: AS 1997 APPROACHES OTHER COUNTRIES ARE LIKELY TO BECOME RELUCTANT TO INCLUDE BN (0)S IN UK VAAS JNLESS

AS YOU RETURNABILITY TO THE UK IS PROVEN TO THEIR SATISFACTION. KNOW, VAAS HAVE RECENTLY BEEN SIGNED WITH ARGENTINA AND THE GERMAN DEMOCRATIC REPUBLIC. BN (0)S ARE COVERED IN THESE AGREEMENTS BUT ONLY/ONLY WHERE THE HOLDER IS ENTITLED TO READMISSION TO THE UNITED KINGDOM. WITH THE SUCCESSIVI: CHANGES IN BRITISH NATIONALITY LAW IN RECENT YEARS, EXISTING VAA PARTNERS HAVE BECOME CONFUSED ABOUT WHICH TYPES OF BRITISH PASSPORTS ARE COVERED. AUSTRIA, FOR EXAMPLE, HAS BEEN REQUESTING A RENEGOTIATION OF OUR PRESENT VAA WITH THEM DURING THE LAST 8 MONTHS. IT IS QUITE CLEAR THAT IN ANY RENEGOTIATION, AS WE HAVE DONE WITH THE ARGENTINIANS AND GDR, WE WOULD HAVE TO

SPELL OUT WHAT CLASS OF BRITISH CITIZEN IS TO BE COVERED BY THE AGREEMENT. THEY ARE LIKELY TO WANT TO FOLLOW THE GDR AND ARGENTINIAN PRECEDENTS.

TURNING TO THE OPTIONS IN YOUR PAPER, WE THINK WE CAN RULE OUT OPTION (B): ALTHOUGH IT WOULD BE EASIEST TO IMPLEMENT AND WOULD REQUIRE NO CONSULTATION WITH THE CHINESE, IT WOULD, AS YOU POINT OUT, ENTAIL SEVERE CONFIDENCE PROBLEMS AS 1997 APF ROACHES.

3. WE CONSIDER THAT THIRD COUNTRIES ARE UNLIKELY TO, BE INTERESTED IN OPTION (A) WITHOUT RECIPROCITY, WHICH THE CHINESE ARE UNLIKELY TO AGREE TO FOR POST 1997 IN RESPECT OF BN (0) PASSPORTS ONLY.

4. LIKE YOU, WE CONCLUDE THAT OPTION (C) IS THE BEST WAY FORWARD. SEPARATE HONG KONG AGREEMENTS WITH THIRD COUNTRIES TO AVOID DISRUPTION DURING THE TRANSITION TO CHINESE SOVEREIGNTY IN 1997 IS A FORMULA WE HAVE, OF COURSE, USED IN OTHER SUBJECT AREAS (EG ASAS). WE WOULD HAVE TO CONSULT THE CHINESE FUT, AS YOU POINT OUT, IF THE VAAS INCLUDE FUTURI: HK SAR PASSPORT HOLDERS' THERE WOULD BE CONSIDERABLE ADVANTAGE FOR THE CHINESE. ON THE QUESTION OF AUTHORITY TO NEGOTIATE, WE WOULD HAVE TO ISSUE A SPECIFIC AUTHORISATION FROM THE SECRETARY OF STATE TO THE GOVERNOR AS IN THE CASE OF ASAS. THIS WOULD MIRROR THE PROVISION IN JD168. IF THIRD COUNTRIES QUESTIONED THE VIABILITY OF SUCH VAAS AFTER 1997, WE WOULD, AS YOU SUGGEST, ASK CHINA TO NOTIFY THEM THAT THEY WOULD HONOUR THE COMMITMENTS ENTERED INTO .

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