on this issue, which followed speculative reports that
homosexual conduct among consenting men in private was about to be decriminalised, was confined entirely to the English language press. Whilst there was some recognition that the provisions of the Bill of Rights were likely to affect existing legislation on homosexual conduct, opinion remained divided between those who wished early decriminalisation and those who wished to maintain, or reinforce, the status quo. It is thus not possible to draw any firm conclusions from the limited public reaction on this issue.
6
Members will be aware that the Bill of Rights was published on 16 March 1990, and that provision has been made for a two month public consultation period. Dependent on the outcome of that consultation,
consultation, it is intended that
that the Bill should be introduced into the Legislative Council in July
1990.
7
to
The International Covenant on Civil and Political Rights (ICCPR) does not contain any specific reference homosexuality; nor is it intended that the Bill of Rights should contain any such reference. However, Article 17(1) of the ICCPR states that no-one "shall be subjected to arbitrary and unlawful interference with his privacy". It is intended to include a similar provision in the Bill and (after the proposed freeze period following enactment of the Bill of Rights) the present law on homosexuality would be open to challenge as being inconsistent with that provision.
Timing and Form of a Motion in the Legislative Council
8
We examined a number of options with regard to the timing of a motion in the Legislative Council in respect of decriminalisation. These options were to introduce a motion -
(a) during the Bill of Rights
period; or
9
(b)
consultation
at the end of the Bill of Rights consultation period and before the scheduled enactment of the Bill; or
(c) after enactment of the Bill of Rights.
Option (a) is not favoured because it is likely to draw undue attention to the homosexuality issue which might prejudice the general debate on the Bill of Rights. Although Option (c) would be consistent with the purpose of the freeze period, namely to provide time to review legislation which is inconsistent with the newly enacted Bill of Rights, it would entail a further delay in introducing the