TNAG-2953-FCO40-4230-Hong-Kong-European-Community-visa-regime-for-British-Nationa-1993 — Page 67

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4.

IT MAY BE THAT THE SPANIARDS ARE USING SCHENGEN AS A PRETEXT FOR THEIR PROBLEMS WITH VENEZUELA (PARA 4 OF TUR). SEEN FROM HERE, HOWEVER, IT IS MORE LIKELY TO BE THE CASE, AS CARVAJAL AND VILLAR HAVE ARGUED, THAT SCHENGEN RULES GENUINELY DO NOT ALLOW NATIONAL LATITUDE TO WAIVE VISA REQUIREMENTS. CARVAJAL QUOTED ARTICLE 5.2 OF THE TREATY (MADRID TELNO 408). BUT WE ARE NOT IN A POSITION TO VERIFY THIS HERE, AND WHICHEVER IS THE GENUINE REASON, EITHER WOULD BE SUFFICIENTLY COMPELLING TO MAKE IT MOST UNLIKELY FOR SPAIN TO DELAY THE 1 OCTOBER DATE, EVEN IF MINISTERIAL-LEVEL REPRESENTATIONS WERE TO BE MADE.

5.

MY RECOMMENDATION, THEREFORE, WOULD BE THAT WE CONCENTRATE ON CONVEYING THE MESSAGE IN HONG KONG THAT THIS IMPOSITION, WHILE UNWELCOME, IS NON-DISCRIMINATORY AND IS BEING APPLIED TO MANY OTHER LARGER COUNTRIES. ALSO WE MIGHT EMPHASISE THAT IT IS NOT A NEW CONDITION, SIMPLY THE RE-APPLICATION OF REQUIREMENTS IN PLACE UP UNTIL 1988, WHEN THEY WERE ONLY WAIVED, NOT REMOVED.

6.

WHILE IT IS SELF-EVIDENT FROM THE ABOVE, IT IS WORTH UNDERLINING THAT THE SUGGESTION THAT A GIBRALTAR ANGLE LIES BEHIND THE SPANISH POSITION CHONG KONG TELNO 1481) IS IN MY VIEW A COMPLETE RED

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MR APPLEYARD

SIR J COLES

MR HUM

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