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4. The policy stated in the circular in regard to recruitment is
that no known homosexual should be recruited to the Civil Service,
irrespective of rank or grade; suspected cases should be referred
to the Secretary for the Civil Service. In regard to continued
employment, the circular states that each case of a serving
officer who is a known or suspected homosexual, should be referred
to the Secretary for the Civil Service; it also states that in the
case of a serving officer convicted of a homosexual offence, the
Head of Department should give consideration to terminating his
service in accordance with established Civil Service practice.
5. Whilst the law of Hong Kong remains unchanged in making male
homosexual acts an offence, the policy in respect of recruitment
and continued employment of male homosexuals can generally be
defended. But there appeared to me to be two areas in which the
policy could be particularly open to criticism.
inclusion of female homosexuals in the circular.
The first was the
Under Hong Kong
law lesbianism is not a crime in itself, though certain activities
connected with it may be. Thus the application of the circular's
policy to female homosexuals might be challenged.
However, if from employment male homosexuals are to be excluded/it would be difficult to comply
with Article 2 of the UN Covenant unless lesbians were also
excluded. The second area was the blanket application of the policy
on recruitment of homosexuals (male and female) irrespective of
rank or grade, when continued employment cases are considered on an
/individual
CONFIDENTIAL