TNAG-2950-FCO40-4227-Hong-Kong-visa-free-travel-for-British-Nationals-(Overseas)--1993 — Page 108

CODE

05-FEB-1993 16:05

FCO M.V.D.

18-77

071 270 4046

P.03

Reference

the Chinese, can continue in operation through the

transition and after 1997. We would have to consult the

Chinese about this proposal. But, as Hong Kong point out, if the VAAS include future HKSAR passport holders, there would be considerable advantage for the Chinese.

On the question of authority to negotiate, we could issue

a specific authorisation from the Secretary of State to

the Governor (who could then delegate the authority).

There are a number of precedents for this. As far as China is concerned, there is a provision in the Joint

Declaration (JD 168) which reads:

"The Central People's Government shall assist or

authorise the Hong Kong Special Adminstrative Region Government to conclude Visa Abolition Agreements with

states or regions."

We could point this out to negotiating partners and, if

there are any doubts, invite them to ask China to confirm that China would honour the Hong Kong VAAS signed before

1997.

4. I should be grateful for your comments and those of copy addressees on this proposal and on any related aspects of this problem.

Cc:

TOMAVI/2

PA Major (Ms)

Hong Kong Department

WH305

270 2655

Mr Morris o/r

Mr Fifoot, Legal Advisers

Mr Rankin, Legal Advisers

Miss Hopkins, NTD

Mr Ritchie, B2 Policy Division, Home Office