XN000022-1990-07-11 — Page 21

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WEDNESDAY, JULY 11, 1990

REDUCTION IN MAXIMUM PENALTIES SUPPORTED

* * *

IN

THE HON JAMES TIEN SUPPORTED A REDUCTION PENALTIES FOR HOMOSEXUAL ACTS ALTHOUGH HE DISAPPROVED TOWARDS COMPLETE DECRIMINALISATION OF SUCH BEHAVIOUR.

THE MAXIMUM

OF ANY MOVE

SPEAKING TODAY (WEDNESDAY) AGAINST THE MOTION IN THE LEGCO DEBATE ON THE DECRIMINALISATION OF HOMOSEXUAL ACTS, MR TIEN SAID HE SAW MERIT IN ADOPTING "A MORE REALISTIC APPROACH" TO THE ISSUE.

HE WAS OF THE VIEW THAT A REDUCTION IN SENTENCES WOULD BRING THE LAW INTO LINE WITH THE PRESENT POLICING PRACTICE AND THE PATTERN OF SENTENCING BY THE COURTS WHILE AVOIDING THE UNDESIRABLE CONSEQUENCES WHICH MIGHT BE ASSOCIATED WITH REMOVAL OF THE CRIMINAL PENALTIES FOR HOMOSEXUAL ACTS IN PRIVATE BETWEEN CONSENTING ADULTS.

MR TIEN POINTED OUT THAT ORIENTAL CULTURES WERE IN BROAD TERMS UNSYMPATHETIC, OR EVEN HOSTILE, TO HOMOSEXUAL BEHAVIOUR.

HE SAID IT WOULD BE WRONG TO ARGUE THAT RIGHTS FOR HOMOSEXUALS WERE PART AND PARCEL OF RIGHTS GENERALLY.

THE BILL OF RIGHTS WAS NOT RELEVANT IN THIS RESPECT, HE ADDED.

"THE ARGUMENT FOR SO-CALLED GAY RIGHTS ASSUMES THAT GAY PERSONS HAVE A MORAL CLAIM TO PUBLIC ACCEPTANCE OR APPROVAL.

WITH

OUT

OF ASIAN FOR THEIR

"GAY RIGHTS REPRESENTS A SCALE OF VALUES WHICH IS HARMONY WITH OUR MORAL VALUES. IT IS OUT OF HARMONY CULTURES IN THEIR BROAD TRADITION, AS WELL AS THEIR HOPES FUTURE WELL-BEING.

"I JUST DO NOT SEE WHY WE SHOULD INHERIT OCCIDENTAL IN MORALITY AND CULTURE, HE SAID.

PREJUDICES

MR TIEN SAID MEMBERS WERE APPARENTLY BEING ASKED A NARROW LEGAL, RATHER THAN A MORAL, QUESTION.

"DECRIMINALISING

21

HOMOSEXUALITY BETWEEN CONSENTING MEN OVER YEARS OF AGE IS A CLEAR MATTER OF EXPEDIENCY. WHAT DOES THE ARGUMENT

THE BOIL DOWN TO?

PROPOSAL SIMPLY ARGUES THIS

IF YOU CAN'T EFFECTIVELY POLICE IT, YOU SHOULDN'T REGULATE IT."

HE SAID WHAT THE ARGUMENT ON NARROW LEGALITY IGNORED, THAT WHAT WENT ON IN PRIVATE OFTEN SPILLED OVER INTO THE

WAS ARENA.

HOWEVER, PUBLIC

HOMOSEXUALITY IF PERMITTED BY LAW IN PRIVATE, MIGHT LEAD TO THE GREATER SOLICITATION OF YOUNG BOYS IN PUBLIC PLACES AND SUCH DEVIANT BEHAVIOUR HAD ALSO BEEN ASSOCIATED WITH OTHER CRIMES, HE ADDED.

MR TIEN DECRIMINALISE PEOPLE OF HONG KONG.

IF SAID

THE COUNCIL ACCEPTED

IT WOULD SEND A WRONG HOMOSEXUALITY,

THE PROPOSAL

ΤΟ MESSAGE

TO THE

/"THIS WOULD

+