XN000022-1990-07-11 — Page 10

WEDNESDAY, JULY 11, 1990

MR MATHEWS POINTED OUT THAT THE PARTICIPANTS WERE RARELY PROSECUTED, FOR THE SIMPLE REASON THAT THE POLICE COULD NOT INVESTIGATE WITHOUT KNOWING WHERE OR WHEN THESE ACTS OCCURRED, BECAUSE OF THE CONSENSUAL NATURE OF THE CONDUCT.

HE SAID TO ENFORCE THE LAW WOULD ENTAIL ALL THE CONSEQUENCES OF WHICH PERHAPS THE MOST SIGNIFICANT WOULD BE WHAT WOULD BE REGARDED AS THE MOST UNACCEPTABLE THE INVASION OF PRIVACY,

"A LAW WHICH IS NOT ENFORCED ENGENDERS DISRESPECT FOR THE LAW AND FOR ITS PROCESSES, HE SAID.

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FINALLY, MR MATHEWS SAID, HONG KONG HAD AN INTERNATIONAL OBLIGATION TO PROTECT THE INDIVIDUAL FROM ARBITRARY AND UNLAWFUL INTERFERENCE WITH HIS PRIVACY.

THIS RIGHT TO PRIVACY FOUND EXPRESSION IN BOTH THE DECLARATION OF HUMAN RIGHTS AND THE INTERNATIONAL COVENANT AND POLITICAL RIGHTS.

UNIVERSAL

ON CIVIL

A SIMILAR RIGHT TO PRIVACY CONTAINED IN THE EUROPEAN CONVENTION OF HUMAN RIGHTS HAD BEEN INTERPRETED BY THE EUROPEAN COURT OF HUMAN RIGHTS TO INCLUDE THE RIGHT TO FREEDOM FROM INTERFERENCE OF CONSENSUAL SEXUAL BEHAVIOUR BETWEEN ADULTS IN PRIVATE.

IN RESPECT

"WHILST IT CANNOT BE SAID CONCLUSIVELY THAT HONG KONG LAWS IN THIS AREA ARE ARBITRARY OR UNLAWFUL SINCE THEY HAVE NOT BEEN TESTED IN THE COURTS, THE INTERPRETATION BY THE EUROPEAN COURT OF HUMAN RIGHTS OF THE EQUIVALENT PROVISION IN THE EUROPEAN CONVENTION MAKES IT LIKELY THAT, TO THE EXTENT THAT THE PRESENT LAW OF HONG KONG INTERFERES WITH THE SEXUAL ACTIVITIES OF CONSENTING ADULTS IN PRIVATE, THAT LAW IS AT VARIANCE WITH THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.

ARE

"IT HARDLY NEEDS SAYING THAT THE LAWS OF HONG KONG REQUIRED, IN ACCORDANCE WITH OUR INTERNATIONAL OBLIGATIONS, то BE CONSISTENT WITH THOSE OBLIGATIONS," MR MATHEWS SAID.

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