WEDNESDAY, JULY 11, 1990
2
HOMOSEXUAL BEHAVIOUR NOT A MATTER FOR GOVT REGULATION: CS
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HOMOSEXUAL BEHAVIOUR IS A MATTER FOR PERSONAL CHOICE BETWEEN CONSENTING ADULTS AND NOT FOR GOVERNMENT REGULATION, THE CHIEF SECRETARY, THE HON SIR DAVID FORD, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING A MOTION ON THE DECRIMINALISATION OF PRIVATE HOMOSEXUAL ACTS BY CONSENTING ADULT MALES, SIR DAVID SAID: "WHAT IS AT ISSUE IS A MATTER OF PRINCIPLE: THE DIVIDING LINE BETWEEN THE MORAL AND THE LEGAL CODES, WHERE THE INDIVIDUAL'S RIGHT TO PRIVACY BEGINS AND THE GOVERNMENT'S DUTY TO INTERFERE ENDS."
THE CHIEF SECRETARY SAID THIS WAS AN IMPORTANT PRINCIPLE, AND ITS IMPLICATIONS EXTENDED BEYOND THE IMMEDIATE SUBJECT.
"AND IT IS IMPERATIVE THAT IN ADDRESSING IT WE CLEAR OUR MINDS
OF PRECONCEPTION, PREJUDICE AND EMOTION.
"IF WE DO NOT, IF WE ALLOW PERSONAL MORALITY ALONE то DICTATE THE SCOPE OF CRIMINAL LAW, THEN THERE IS A REAL DANGER THAT THE LAW WILL BECOME AN INSTRUMENT FOR IMPOSING MORAL VALUES RATHER THAN PRESERVING PUBLIC ORDER AND PROTECTING THE CITIZEN, SIR DAVID SAID.
THE MOTION BEING DEBATED READ:
**THAT MEASURES BE PRESENTED TO THIS COUNCIL
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(A) TO REMOVE THE CRIMINAL PENALTIES RELATING ACTS COMMITTED IN PRIVATE BY CONSENTING REACHED THE AGE OF 21; AND
(B)
TO HOMOSEXUAL MEN WHO HAVE
WHERE APPROPRIATE, THE
TO EXTEND TO MEN AND BOYS, PROTECTION FROM SEXUAL EXPLOITATION AFFORDED BY THE CRIMES ORDINANCE TO WOMEN AND GIRLS.
THE MOTION WAS PASSED AFTER DEBATE.
OUTLINING THE PRESENT POSITION ON HOMOSEXUALITY, SIR DAVID SAID BEING A HOMOSEXUAL WAS NOT IN ITSELF A CRIME UNDER THE PRESENT LAW.
LESS
"BUT FOR A MAN TO ENGAGE IN A HOMOSEXUAL ACT IS A CRIME.
ANY
'THERE IS NO REASON TO SUPPOSE THAT HOMOSEXUAL ADULTS HAVE DESIRE TO EXPRESS THEIR FEELINGS IN A PHYSICAL WAY THAN HETEROSEXUAL ADULTS.
"THEY ARE COMMITTING
THOSE ACTS PRIVATELY AND CONSENSUALLY WITHOUT DOING HARM TO OTHERS BUT NONETHELESS CRIMINALLY, HE SAID.
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IN THEORY THEN A LARGE PROPORTION OF THE MALE HOMOSEXUAL POPULATION OF HONG KONG SHOULD BE IN PRISON, SIR DAVID SAID.
/"IT IS