XN000022-1990-07-11 — Page 7

WEDNESDAY, JULY 11, 1990

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SIR DAVID SAID THAT UNDER THE PRESENT LAW SOME HOMOSEXUALS DID SEEK SEXUAL RELATIONS WITH BOYS IN THE BELIEF THAT NAIVETY AND FEAR OF THE YOUNG PEOPLE INVOLVED WAS MORE LIKELY TO PROTECT THEM FROM EITHER BLACKMAIL OR PROSECUTION.

** IT

IS

MY FIRM BELIEF THAT DECRIMINALISING ACTS BETWEEN CONSENTING ADULTS WILL PROVIDE A GREATER DEGREE OF PROTECTION OF YOUNG PEOPLE THAN THE PRESENT ANOMALOUS SITUATION ALLOWS,' HE SAID.

I

ON ANOTHER ARGUMENT THAT HOMOSEXUAL BEHAVIOUR WOULD RESULT IN THE SPREAD OF THE AIDS VIRUS, SIR DAVID SAID WHILE HE APPRECIATED THE PUBLIC CONCERN OVER THIS MATTER, E DID NOT ACCEPT THE ARGUMENT.

"HOMOSEXUAL MEN ARE ONE OF THE HIGH-RISK GROUPS FOR AIDS.

"MAINTAINING EXISTING LAWS TENDS TO FORCE THEM UNDERGROUND, MAKES PREVENTIVE EDUCATION AND COUNSELLING MORE DIFFICULT AND THEREFORE HAMPERS OUR EFFORTS TO COUNTER THE DISEASE.

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"CHANGING THE LAW MAY NOT REMOVE THE SOCIAL STIGMA, BUT IT WILL CERTAINLY MAKE IT EASIER TO IDENTIFY AND THEREFORE HELP THIS GROUP, HE SAID.

CONSIDERING THE WAY FORWARD, THE CHIEF SECRETARY SAID HE SUGGESTED THAT WE SHOULD AIM TO ACHIEVE THREE OBJECTIVES.

"FIRST, TO PROTECT OUR YOUTH AND ANY OTHER VULNERABLE GROUP.

"SECONDLY, TO MAKE A CLEAR DISTINCTION BETWEEN PUBLIC AND PRIVATE BEHAVIOUR.

"THIRDLY,

AND

TO SET SENSIBLE PARAMETERS FOR OUR CRIMINAL LAW ITS ENFORCEMENT BY DECRIMINALISING HOMOSEXUAL ACTS BETWEEN CONSENTING ADULTS IN PRIVATE," SIR DAVID SAID.

ACHIEVING THESE AIMS WOULD REQUIRE

LEGISLATIVE

CHANGE AND

CAREFUL DEFINITION, HE ADDED.

REGARDING THE ISSUE OF CONSENT, SIR DAVID SAID THE SAME CONSIDERATIONS APPLIED TO RELATIONS BETWEEN HOMOSEXUALS AS BETWEEN HETEROSEXUALS.

"A MAN WHO IMPOSES HIS WILL ON ANOTHER BY VIOLENCE, THREAT OF VIOLENCE, FRAUD OR USE OF DRUGS CANNOT BE SAID TO HAVE THE CONSENT OF HIS PARTNER ANY MORE A MAN WHO FORCES HIMSELF ON A WOMAN.

ON THE LIMITS OF PRIVACY, SIR DAVID SAID PHYSICAL INTIMACY BETWEEM PARTNERS OF EITHER SEX WAS SOMETHING TO BE EXPRESSED OUT OF THE PUBLIC GAZE.

HE STRESSED THAT IN CHANGING THE LAW, THE INTENTION WOULD NOT BE TO OFFEND AGAINST PUBLIC DECENCY.

ON THE DEFINITION OF ADULTHOOD, THE CHIEF SECRETARY SAID A NUMBER OF FACTORS HAD TO BE CONSIDERED.

/WE MUST