PS/LPS

CONFIDENTIAL

Hkk 380

HONG KONG : MP'S LETTER

Problem

DUSK

PA

No

ત્

213

A

49

1. To reply to a letter of 16 February from the

48

IT ML 61

Rt Hon Leon Brittan QC MP enclosing one from Mr K Brookfield

to Mr Hurd.

Recommendation

2.

I recommend the Lord Privy Seal send an interim reply

3.

B

32

on the lines of the attached draft.

Background and Argument

Background to this issue is contained in Hong Kong

Telegram No 167.

4. The policy of the Hong Kong Government not to employ or

retain known homosexuals is quite logical in respect of male

officers since homosexual acts between consenting male adults

remain an offence under Hong Kong law. There is, however, a

I had previously thought

problem in relation to female officers.

that the law in relation to homosexual acts did not cover females

but the Hong Kong Government have stated that in their view it

does. I am seeking clarification from our Legal Advisers on

this point. In the meantime I recommend that an interim reply

be sent to Mr Brittan. Once we have clarified the position

on females under the Hong Kong law, I will submit a draft

substantive reply.

Dip

R D Clift

Hong Kong and General Department

24 February 1982

cc Mr Burrows, Legal Advisers

CONFIDENTIAL

(40)

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