motion into the Legislative Council. We see no advantage in further delay on this issue, which was the subject
the subject of a Law Reform Commission Report published in 1983. Option (b) will allow a full assessment of the public debate on the Bill of Rights without the problems
the problems inherent in Option (a) and is
therefore recommended.
10
The
If the motion is passed by the Legislative Council, a Bill will be introduced to remove the criminal penalties relating to homosexual act s committed in private by consenting men who have reached the age of 21. legislation will also extend to men and boys where appropriate, the protection from sexual exploitation afforded by the Crimes Ordinance to women and girls. Members' advice will be sought on the details and timing of this legislation in due course.
FINANCIAL AND STAFFING IMPLICATIONS
11
3
There are no financial or staffing implications
PUBLIC REACTION
12
draw
support
the
The decision to defer debate on the homosexuality issue until the conclusion of the Bill of Rights consultation period
from criticism
those may
who decriminalisation of homosexual conduct among consenting adult s in private. Equally, the proposal to introduce legislation to decriminalise such conduct
such conduct after the Bill of Rights has been debated, or at any other time, will result in criticism from that sector of
of the community which opposes decriminalisation; such criticism is likely to be vocal.
PUBLICITY
13
No immediate publicity will be arranged. Subject to Members' advice, the Administration will write to OMELCO proposing a debate. Subject to OMELCO's consent to hold such
debate
will be
A made. an announcement
factual Legislative Council brief, which will adopt a neutral stance in respect of decriminalisation, will be issued. Further publicity will be arranged nearer the time of the debate.
a
J
MR.
(Principal Assistant Secretary (Security), Mr. T.N. KEEN Deputy Director (Crime), Royal Hong Kong Police Force, T.K. WONG, and Senior Crown Counsel, MR. R. ALLCOCK, will attend for this item.)
23 April 1990
(SCR 2/2801/83 Pt. 9 (88))
COUNCIL CHAMBER
CONFIDENTIAL