10. FURTHER INFORMATION ON NATIONALITY TO FOLLOW ON 20
FEBRUARY.
11. WE ARE UNABLE TO RACE ANY RIGHT OF PETITION TO THE
PRIME MINISTER.
3. TEXT OF CIRCULAR 106/82 READS:
EMPLOYMENT OF HOMOSEXUALS IN THE CIVIL SERVICE
NOW THAT THE REPORT OF THE COMMISSION OF INQUIRY INTO
THE DEATH OF INSPECTOR MACLENNAN HAS BEEN PUBLISHED, IT IS
THOUGH THAT HEADS OF DEPARTMENT WILL WISH TO HAVE SOME GUIDANCE AS A REMINDER ON THE EMPLOYMENT OF HOMOSEXUALS
IN THE CIVIL SERVICE, AND SPECIFICALLY ON THE EXERCISE OF THEIR
DELEGATED POWERS OF APPOINTMENT AND TERMINATION OF SERVICE.
THIS CIRCULAR THEREFORE DEFINES THE EXISTING POLICY AND
PROCEDURES WHICH HEADS OF DEPARTMENT MAY FIND HELPFUL.
2. A ''KNOWN HOMOSEXUAL'' IS SOMEONE (OF EITHER SEX) WHO HAS
BEEN CONVICTED OF A HOMOSEXUAL OFFENCE OR WHO HAS FORMALLY
ACKNOWLEDGED BEING A PRACTISING HOMOSEXUAL.
3. NO KNOWN HOMOSEXUAL SHOULD BE APPOINTED TO THE HONG KONG
CIVIL SERVICE, IRRESPECTIVE OF RANK OR GRADE. WHERE A CANDIDATE FOR APPOINTMENT IS A SUSPECTED HOMOSEXUAL, THE CASE SHOULD BE REFERRED TO THE SECRETARY FOR THE CIVIL SERVICE.
4. WHERE A SERVING OFFICER HAS BEEN CONVICTED OF A HOMOSEXUAL OFFENCE, CONSIERATION SHOULD BE GIVEN BY HIS HEAD OF DEPARTMENT TO TERMINATING HIS SERVICE IN ACCORDANCE WITH ESTABLISHED CIVIL SERVICE PRACTICE.
5. WHERE IT COMES TO THE NOTICE OF A HEAD OF DEPARTMENT THAT A SERVING OFFICER IS A KNOWN OR SUSPECTED HOMOSEXUAL, THE CASE SHOULD BE REFERRED AUTOMATICALLY TO THE SECRETARY FOR THE CIVIL SERVICE FOR ADVICE.
6. DEALING WITH CASES INVOLVING KNOWN OR SUSPECTED
HOMOSEXUALS IS NEVER EASY AND HEADS OF DEPARTMENT ARE
INVITED TO SEEK ADVICE FROM THE STAFF OF CIVIL SERVICE
BRANCH.
MACLEHOSE
MINIMAL
HK & GD
FED LEGAL ADVS.
2
CONFIDENTIAL
!