TNAG-2953-FCO40-4230-Hong-Kong-European-Community-visa-regime-for-British-Nationa-1993 — Page 53

MINISTRY OF FOREIGN AFFAIRS

Consular Affairs Department

1

Lipied to Dr. Vickery

Mr havi

на

And Ron Sindon 22/201

STS 852/93

HUD 345/5.00

RECE

2 2 SEP 1993

DESK OFFICE

INDEX

Cc Madad

1:221.

VISAS FOR HONG KONG CITIZENS WHO HOLD BDTC AND BNO PASSPORTS

1 - Article 5 of the Convention applying the Schengen Agreement makes it mandatory, among other conditions, for an alien seeking entry into the territory of a Contracting Party to be "in possession of a valid visa if required".

"Entry to the territory shall be refused to any alien who does not fulfil all the above conditions, unless a Contracting Party considers it necessary to derogate from that principle on humanitarian grounds or in the national interest or because of international obligations. In such cases permission to enter will be restricted to [that Party's] own territory and the other Contracting Parties shall be informed accordingly."2

-

2 In order for aliens to enter Spain, Article 12 of Organic Law 7/85 of 1 July (rights and freedoms of aliens in Spain) requires them to "hold the appropriate visa, except as provided for in domestic legislation or in international treaties to which Spain is party. The visa shall be issued by the Diplomatic Representations and Consular Offices of Spain."

Therefore, in Spain, a visa is required except where there is an agreement waiving that requirement or a law of exemption.

3

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Schengen is expected to enter into force on 1 December this

year and a Ministerial meeting has been arranged for 18 October, by which date Spain intends to have complied fully with the

1Translator's Note: Our English copy of the Schengen Agreement

says "territories".

2Translator's Note: The wording of the Spanish here differs slightly from that of the text of the Agreement included in the Annex, and this has been reflected in the English translation.