-
18
WEDNESDAY, JUNE 8, 1983
LAWS GOVERNING HOMOSEXUAL CONDUCT
****
THE LAW REFORM COMMISSION OF HONG KONG TODAY RELEASED ITS REPORT ON THE LAWS GOVERNING HOMOSEXUAL CONDUCT.
THE CHAIRMAN OF THE LAW REFORM COMMISSION, MR JOHN GRIFFITHS, SAID IN RELEASING THE REPORT THAT THE TOPIC HAD BEEN THOROUGHLY RESEARCHED FOR THE. COMMISSION INITIALLY BY A SUB-COMMITTEE HEADED BY MR JUSTICE T.L. YANG OF THE COURT OF APPEAL, AND BY THE LAW REFORM COMMISSION'S SECRETARIAT, PRIOR TO CONSIDERATION OF THE TOPIC BY THE COMMISSION ITSELF, WHOSE REPORT WAS UNANIMOUS.
MR JUSTICE YANG'S SUB-COMMITTEE HAD BEEN GIVEN THE TASK OF A FACT FINDING INQUIRY INTO THE INCIDENCE OF HOMOSEXUALITY IN HONG KONG. THEY CONFIRMED THAT, CONTRARY TO COMMON BELIEF THERE IS A CONSIDERABLE COMMUNITY IN HONG KONG CONSISTING OF MEMBERS
THIS WAS OF ALL RACES WHO, BY NATURAL INCLINATION, ARE HOMOSEXUAL. CONFIRMED BY BOTH MEDICAL AND SOCIOLOGICAL EXPERTS TO EXIST IN ALL COMMUNITIES, WHATEVER THEIR RACE.
THE LAW REFORM COMMISSION FOUND IN ITS RESEARCH THAT UNLIKE THE LEGAL PROTECTION AFFORDED BY THE CRIMINAL LAW TO FEMALES UNDER THE AGE OF 21 YEARS, LITTLE OR NO LEGAL PROTECTION IS AFFORDED TO YOUNG MALES.
THE REPORT EXPLAINS THAT THE LAW AS IT STANDS AT PRESENT DOES NOT MAKE IT AN OFFENCE FOR A PERSON TO LIVE OFF THE EARNINGS OF A MALE PROSTITUTE: NOR IS IT AN OFFENCE TO TAKE A YOUNG MALE OUT OF THE POSSESSION OF HIS PARENTS AGAINST THEIR WILL FOR HOMOSEXUAL PURPOSES; NOR TO PROCURE A YOUTH FOR THE PURPOSE OF HOMOSEXUAL EXPLOITATION. THE COMMISSION IS OF THE VIEW THAT THE CURRENT LEGISLATION IS DEFICIENT IN THIS PARTICULAR AND OTHER IMPORTANT REGARDS. THEREFORE IT ADVISES THAT THIS AREA OF THE LAW SHOULD BE CONSIDERABLY STRENGTHENED BY THE CREATION OF APPROPRIATE OFFENCES IN ORDER TO DEAL WITH PROCURERS OF YOUNG MEN FOR PROSTITUTION, WITH THE EXPLOITATION OF YOUNG MEN FOR HOMOSEXUAL PURPOSES, AND WITH THE PROBLEMS OF HOMOSEXUAL PROSTITUTION.
THE COMMISSION CONCLUDED THAT ALL YOUTHS OF BOTH SEXES SHOULD BE PROTECTED AGAINST COMMERCIAL EXPLOITATION AND SEXUAL ABUSE. SIMILARLY, PROTECTION OF MALE MENTALLY DEFECTIVE PERSONS FROM SEXUAL ABUSE IN THE SAME WAY AS FEMALE DEFECTIVES ARE PROTECTED IS ALSO
THEGE RECOMMENDED BY THE CREATION OF A SIMILAR CRIMINAL OFFENCE. PROTECTIONS ARE NOT FOUND IN THE CURRENT LAW.
ON THE QUESTION OF PUBLIC BEHAVIOUR, THE REPORT RECOMMENDS GREATER PROTECTION FOR ALL MEMBERS OF THE COMMUNITY FROM ANY OFFENSIVE BEHAVIOUR OF A SEXUAL NATURE IN PUBLIC, INCLUDING HOMOSEXUAL BEHAVIOUR, BY BANNING CONDUCT WHICH OFFENDS THE COMMON STANDARDS OF DECENCY OF THE COMMUNITY. IT RECOMMENDS THE CREATION OF A NEW OFFENCE OF INDECENT BEHAVIOUR WITH A MAXIMUM PENALTY OF A FINE OF $5 000 AND IMPRISONMENT FOR 12 MONTHS.
/FURTHER, IT
Page 20Page 21