12.
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behaviour.
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That view on the proper role of the criminal law is
challenged by those who argue that the majority opinion in
Hong Kong is disapproving of homosexual conduct and that the
law should give expression to society's moral views on sexual
On this view, the proper role of the criminal law
does extend to cover private sexual relations between
consenting adults. It should not therefore be changed in a
way which would imply approval of homosexual activities.
Similarly, from a religious perspective it has been argued
that homosexual behaviour is sinful and a crime against God's
law, the principles of which should be reflected in the
criminal law.
13.
It should however be noted that change in the law
would not necessarily imply approval of homosexual behaviour.
If the law were changed so that homosexual acts between
consenting men over 21 in private ceased to be offences, such
acts would nevertheless be described in the law as "unlawful"
and as "immoral". This is an important legal point. То
describe such acts as "unlawful" and as "immoral" would make
it clear that they were not acts which the law condoned or
supported and would have consequences in both civil and
criminal law. For example, a contract to commit a homosexual
act would be unenforceable. An agreement to encourage such
acts in public would amount to the criminal offence of
conspiracy to corrupt public morals.
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