BU5/2
TGE 3/2
CONFIDENTIAL
Noted
TOP
HKK
GRS 700
CONFIDENTIAL
DESKBY 011000Z
FM HONG KONG 010900Z MAR 82
TO IMMEDIATE FCO
TELEGRAM NUMBER 203 OF 1 MARCH
€4
280/2
RECEIVED IN RECWDERY NO. 51
1 MAR 992
DESK OFFICER
INDEX
PA
No
(૧૪
9/3
REGISTRY
Action Taken
Арав
Soe
Attached
→
YOURTELNOS 129 AND 130: EMPLOYMENT OF HOMOSEXUALS IN THE CIVIL SERVICE.
2
WITH THE LAW AS IT STANDS IN HONG KONG, CERTAIN HOMOSEXUAL PRACTICES BY MALE OR FEMALE HOMOSEXUALS (SUCH AS BUGGERY AND INDECENT SEXUAL ADVANCES TOWARDS A MEMBER OF ONE'S OWN SEX) CAN WHEN REPORTED BECOME THE SUBJECT OF CRIMINAL PROSECUTION. IT MAY
BE TRUE THAT IN THE CASE OF LESBIANS, THE INCIDENCE OF HOMOSEXUAL PRACTICES FORMING THE SUBJECT OF POSSIBLE CRIMINAL PROSECUTION IS LOW, BUT THERE IS STILL PREVALENT IN THE LOCAL COMMUNITY RESISTANCE TOWARDS CHANGES OF THE LAW ON HOMOSEXUAL ACTIVITIES AND A CIVIL SERVANT WHO IS A PRACTISING LESBIAN MAY THEREFORE BE ULNERABLE TO SOCIAL PRESSURES AND TO BLACKMAIL WHETHER OR NOT A CRIMINAL CONVICTION IS OBTAINED.
2. APART FROM SECURITY RISKS, WHICH APPLY EVEN TO THE MORE JUNIOR
GRADES, A PRACTISING MALE OR FEMALE HOMOSEXUAL WORKS UNDER A THREAT OF EXPOSURE . THIS CREATES A STRESS ON THE OFFICER WHICH CAN ADVERSELY AFFECT HIS OR HER PRODUCTIVITY AND EFFECTIVENESS AS A CIVIL SERVANT.
3. IN THE CASE OF FEMALE OFFICERS WHOSE WORK
INVOLVES DAILY
CONTACT WITH SUPERVISION OR CONTROL OF YOUNG GIRLS (EG IN SCHOOLS, SOCIAL WELFARE CENTRES, CORRECTIONAL AND PENAL INSTITUTIONS, ETC), THERE IS THE ADDITIONAL RISK OF POSSIBLE ABUSE OF MINORS AND GOVERNMENT'S POSITION WOULD BECOME UNTENABLE AND INDEFENSIBLE IF A KNOWN FEMALE HOMOSEXUAL IS PERMITTED TO WORK IN POSITIONS OF INFLUENCE OVER THE YOUNG AND THE INEXPERIENCED IN SUCH INSTITUTIONS. 4. AGAINST THESE CONSIDERATIONS WE VIEW IT AS REASONABLE THAT THE POLICY RELATING TO THE EMPLOYMENT OF HOMOSEXUALS IN THE CIVIL SERVICE SHOULD APPLY EQUALLY TO BOTH MALE AND FEMALE, AND THERE SHOULD BE NO DISCRIMINATION (ON ACCOUNT OF THE SEX OF THE OFFICER) IN THIS MATTER.
5. THE ANSWER WE RECOMMEND TO THE PQ MENTIONED IN YOURTELNO 132 IS 'YES'. WE RESPECT AND ADHERE TO THE SPIRIT OF ARTICLE 25(C) OF THE UNITED NATIONS INTERNATIONAL CONVENTION ON CIVIL AND POLITICA
RIGHTS. THE RIGHT AND OPPORTUNITY OF PERSONS IN HONG KONG FOR ACCESS TO THE HONG KONG CIVIL SERVICE EXIST AND ARE NOT RESTRICTED
· BY SECRETARIAT CONFIDENTIAL CIRCULAR 106/82. THE CIRCULAR REMINDED HEADS OF DEPARTMENT OF THE NEED TO CONSIDER CAREFULLY THE PROPRIETY OF THE EMPLOYMENT OF PERSONS WHO HAVE BEEN CONVICTED OF HOMOSEXUAL OFFENCES OR WHO, BY THEIR OWN ADMISSION (E G THROUGH SECURITY CHECK INTERVIEWS) ARE ACTIVELY ENGAGED IN HOMOSEXUAL PRACTICES AND ARE THEREFORE IN CONSTANT BREACH OF THE LAW.
CONFIDENTIAL
/ GOVERNMENT
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