TNAG-2951-FCO40-4228-Hong-Kong-visa-free-travel-for-British-Nationals-(Overseas)--1993 — Page 126

CODE 18-77

Mr Mulcahy MVD

Reference..

From: Ms D L Brookes Assistant Legal Adviser K158

270 3068

Date: 3 August 1993

CC:

Miss S Brooks

VISA REQUIREMENTS FOR HONG KONG BN(0)s VISITING AUSTRIA

in

1. I refer to your minute of 29 July and our subsequent telephone conversation concerning the above matter. You have asked for my views and advice on the way forward in relation to extending the visa free access to Austria granted to British Dependent Territories Citizens (BDTCs) to British Nationals (Overseas) (BN) (0)s. The Agreement between the United Kingdom and Austria on the abolition of visas is set out in a 1968 Exchange of Notes (EON). This has been amended three times, 1969, 1970 and 1971. I enclose for your files a copy of the 1969 and 1970 EON. I note that you already have the 1971 EON. None of these amendments to the original Agreement deal with either BDTCs or BN (0)s. As we discussed on the telephone the 1968 Agreement refers to British subjects, citizen of the United Kingdom and Colonies and British subject, citizen of the United Kingdom, Ireland and Colonies. It is on the basis of these terms that BDTCs have been given visa-free access to Austria.

2.

It appears from contacts with the Austrian Consul-General in Hong Kong that the Austrians would be open to a formal approach from us requesting visa-free access for BN (0)s, he suggested that we raise it in the first instance with his counterpart in London. The Consul-General has suggested that the solution could be an Exchange of Letters. Given that the original Agreement (and its amendments) were set out in an EON the most obvious format for a further amendment to the Agreement would also be in an EON. The difference between an Exchange of Notes and an Exchange of Letters is merely one of form and the important point is the language used in the document. As with the original Agreement and its subsequent amendments this should be legally binding language.

3. As you say it would be useful if we are to amend the Agreement to take the opportunity to change some of the out-dated terminology, such as the citizenship terms. However the main difficulty in relation to this exercise is likely to be the question of returnability. Hong Kong has suggested that we offer the Austrians an arrangement similar to that which we have with the Benelux countries. I understand that this is a non-written arrangement in which HMG accept Hong Kong BDTCs or Hong Kong BN (0) passport holders returned by Austria and then returns them to Hong Kong which reimburse HMG for all the expenses incurred. I note however from the file that the Home