XN000022-1990-07-11 — Page 17

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WEDNESDAY, JULY 11, 1990

F

"IN OTHER WORDS, THE GOVERNMENT

SHOULD WORK TO PROTECT THE RIGHTS AND FREEDOMS OF EACH PERSON WITH THE CONSTRAINT THAT IT PROTECTS THE RIGHTS AND FREEDOMS OF ALL THE PEOPLE IT SERVES, HE SAID.

"I

MR CHENG REMINDED HIS COLLEAGUES THAT THEY HAD SUPPORTED THIS POSITION AS A LEGISLATIVE BODY JUST A SHORT TIME AGO DURING THE DRAFT BILL OF RIGHTS DEBATE.

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"TO DECIDE TO MAKE HOMOSEXUALITY AN EXCEPTION TO THIS POSITION THAT WE SUPPORTED JUST A FEW WEEKS EARLIER IS UNJUST AND ILLOGICAL, HE SAID.

HE SAID THAT MORALITY COULD NOT BE LEGISLATED. ΤΟ DO THAT, PEOPLE WOULD BE MAKING A MOCKERY OF LAW FOR THE VERY FACT THAT BEHAVIOUR IN PRIVATE WAS NOT VISIBLE TO. THE PUBLIC, AND COULD NOT THUS BE CONTROLLED.

HE MAINTAINED THAT THE LAW AS IT CURRENTLY STOOD WAS NEXT TO IMPOSSIBLE TO ENFORCE. IT WOULD REQUIRE ENORMOUS POLICE RESOURCES AND A COMPLETE DISREGARD FOR AN INDIVIDUAL'S RIGHT TO PRIVACY, MR CHENG EXPLAINED.

"THE RESULT IS THAT WE HAVE AN UNENFORCEABLE LAW UNENFORCEABLE LAWS STIMULATE DISRESPECT FOR THE LAW AND THE

SYSTEM.

AND LEGAL

THAT

"TO AVOID THIS, WE MUST DO OUR BEST TO LEGISLATE MEASURES ENABLE THE EXERCISE OF INDIVIDUAL RIGHTS RESTRICTED ΤΟ THE EXTENT NECESSARY FOR ACCOMMODATING THE RIGHTS OF OTHERS, HE SAID,

MR CHENG BELIEVED THAT DECRIMINALISING CONSENSUAL HOMOSEXUAL ACTS IN PRIVATE WOULD REMOVE A DETERRENT TO POSSIBLE AIDS CARRIERS COMING FORWARD FOR MEDICAL TESTING AND HELP.

HE ADDED THAT STATISTICS REFUTED THE ARGUMENT MOST RIFE IN COUNTRIES WHERE HOMOSEXUALITY WAS LEGAL.

THAT AIDS

WAS

MR CHENG STRESSED THAT HE WAS ENDORSING LEGISLATION WHICH ACKNOWLEDGED THE LOGICALITY OF DECRIMINALISING AN ACT THAT TOOK PLACE IN PRIVATE BY TWO CONSENTING ADULTS, AND NOT ADVOCATING SOMETHING WHICH WOULD IN TURN PERMIT AN INDIVIDUAL TO CORRUPT THE MINDS OF YOUNG PEOPLE OR TO OFFEND THE SENSIBILITIES OF OTHERS.

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