TNAG-2719-FCO40-3925-Hong-Kong-electoral-provisions-and-arrangements-1993 — Page 117

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were maintained, the Secretary for Constitutional Affairs would remain in charge of the by-election. In practice, however, he would have to rely on the staff of the Registration and Electoral Office (which has become the BEC's executive arm) to make all the preparatory work. Such an arrangement could create the wrong perception that the REO is working to both SCA and the BEC, thereby undermining the latter's independence.

5. We discussed the above with Cox and Ricketts at the margins of Round 13; they shared our assessment. We therefore plan to bring the remaining parts of the BEC Ordinance into operation on 22 October by way of a Gazette notice to be published on the same day. This date was chosen to tie in with the declaration of the DB vacancy (para. 3 above).

6. We also agreed with Cox and Ricketts that it would be courteous to inform the Chinese beforehand of the gazetting. Seen from here, this could be done either before Round 14 (say, 19 October) or immediately afterwards (i.e. afternoon of 21 October), but we would be content to leave the appropriate timing to Peking's judgement.

7. Speaking note and defensives will follow.

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LEGAL ADVISERS//MS BARRETT LEGAL ADVISERS//MISS BROOKS NEWS D

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CAOFF//MR SIBSON Is No 10.