(ii) Age of consent
43. If homosexual acts were to cease to be criminal offences undertain circumstances (Option 2), it is suggested that the age of consent shou be 21 rather than 16 (which is the age of consent for heterosexual intercourse). The reasons are that men between 16 and 21 often have only a limited and possibly distorted knowledge of homosexual activity; they might be curious about and inclined to experiment with new activities and consequently be easily led into committing homosexual acts; and are often dependent both emotionally and financially on others and are therefore vulnerable to temptation by material and other incentives to consent to homosexual acts. For similar reasons, 21 would be a relevant age for reduction of penalty if Option 3 were adopted.
(iii) Protective measures
44. If Option 2 were to be adopted, it would be desirable to set out the various circumstances in which a homosexual act would continue to be an offence. Reform of the law would need to be supported by a comprehensive code of offences to protect males in the same way as females are now protected. For example, it is an offence to procure a woman by threats or false pretences to have sexual intercourse or to administer drugs to a woman to facilitate unlawful sexual intercourse; to traffic to or from Hong Kong in women for prostitution; to cause the prostitution of a woman; to detain a woman for unlawful sexual intercourse in a vice establishment, to cause or encourage the prostitution of a female defective; and for a man to live on the earnings of prostitution. 45. If homosexual acts between consenting adult men in private were no longer criminal offences, the many sexual offences protecting women should, as far as possible, be extended to protect men from being suborned into committing homosexual acts or being exploited for the purposes of homosexual prostitution. A list of protective measures which currently exist for women and which it would be desirable to extend to men if Option 2 is adopted is at Appendix B.
(iv) Strengthening the law on public behaviour
46. The common law offence of outraging public decency (see para 28 above) would seem to provide adequately for both homosexual and heterosexual behaviour likely to cause offence to the public. The law could be reinforced however by a small amendment to section 147 of the Crimes Ordinance, which makes it an offence for any person to solicit for any immoral purpose in a public place or in view of the public. If the laws on homosexual conduct were to be changed, it would be made clear that, for the purpose of this section, homosexual acts are immoral. This would ensure that there were adequate sanctions against homosexual soliciting in public.
Conclusion
47. The Law Reform Commission presented a case for a change in the law and has suggested other consequential amendments which would strengthen existing
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