CONFIDENTIAL
XCX(92)28
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It is possible that most countries which have significant business and tourist links with Hong Kong will admit BN(O)s and HKSAR passport holders visa-free after 1997, even without formal agreements requiring them to do so. This is because these passports will indicate that the holders have the right of abode in Hong Kong and will therefore be returnable to the SAR. And nationals of these countries are likely to enjoy visa-free entry to the SAR. However, we cannot be certain of this. Therefore, the only way to guarantee that BN(O)s and HKSAR passport holders will enjoy visa-free entry is to negotiate VAAs with the territories concerned.
HONG KONG VAAS
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The possible need for Hong Kong to have its own network of VAAS was foreseen when the Joint Declaration (JD) was negotiated. The JD therefore contains a provision whereby the Central People's Government shall assist or authorize the Government of the Hong Kong Special Administrative Region to conclude VAAs with states or regions (JD 168). This is reflected in Article 155 of the Basic Law. But this provision can only come into effect after 1997 and it may take time for the SARG to negotiate VAAs. Thus BN(O) passport holders could lose visa-free entry to some territories on 1 July 1997. And HKSAR passport holders may not immediately be entitled to any visa-free arrangements. Therefore, we propose that Hong Kong should conclude its own VAAS before 1997, covering present and future categories of travel documents, and continuing in force after the transition. As such agreements would constitute new international rights and obligations continuing in force after 1997, we would need to consult the Chinese in the JLG.
CHINESE REACTION
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The Chinese will probably be attracted to the idea of concluding VAAs in advance of 1997 to cover HKSAR passports. However, they may not have the same enthusiasm for BDTC and BN(O) passports. Their main interest may be to promote the popularity of HKSAR passports. To do this, they may prefer that British Hong Kong passports should be as unattractive as possible and that there should be the minimum of visa-free arrangements for their holders. Therefore, we think that they will probably insist that VAAS between Hong Kong and third countries which were to be valid after 1997 should refer only to HKSAR travel documents. And, if we wanted visa-free access for Hong Kong people with British documents, Britain should negotiate appropriate arrangements which would be between Britain and the countries concerned.
No comments yet.
Private notes are available after approval.