TNAG-2939-FCO40-4215-Future-of-Hong-Kong-nationality-ethnic-minorities-1993 — Page 6

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20

Reference

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512 NOT.

1

HONK KONG/BRITISH OVERSEAS CITIZENSHIP

1.

12/HRD 340/4 (22

92

HKD 340/6.

RF

09FEB 1993

CICEL

Please refer to your minute of 17 November. We spoke about it on 22 December and I explained that some detailed research was required before I could let you have a substantive reply.

2.

Papers indicating Hong Kong's concern that BN (0) passport holders should be able to travel, visa-free, to as many countries as possible date back at least to 1990 and probably well before then. In 1990, MVD sent a complete set of UK Visa Abolition Agreements (VAAs) to the Hong Kong Immigration Department. My research, has turned up the attached list of countries/territories which allow visa free entry to HKBDTC/BN (0) passport holders. This was originally enclosed with an "options paper" prepared by the Hong Kong Government Secretariat and sent to Shaun Riordan of your Department on 25 October 1991. It is not clear, but it must be a possibility, that this list was collated by Hong Kong from the VAAS sent out by MVD.

3. I also attach a list of UK VAAS. You will see that the majority were concluded before the existence of BDTC and BN (0) passports. All of the older ones as far as I can tell, include visa-free travel for "British Subjects" (I enclose an example). The services of a researcher would be required to say categorically that all VAAS of the period contain this term. You may wish to consult RAD, but, as Hong Kong have a complete set of VAAS, they should have the necessary material to answer the question in the last sentence of your para 2. NTCD or Legal Advisers might be able to advise you on whether the present-day citizenships are considered as covered by the old term "British Subjects". Hong Kong will doubtless be wary of seeking clarification from the countries concerned in case current visa-free travel under these VAAS is removed if the effects of each VAA were given close scrutiny.

4.

In recent times we have concluded VAAS with Hungary, Czechoslovakia and Poland. All contain the same reference to the holder of a passport who "has the right of abode in the United Kingdom or is entitled to readmission to the United Kingdom" being able to travel to the countries concerned without the necessity of first obtaining a visa.

CODE 18-77

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