XN000022-1991-03-22 — Page 7

FRIDAY, MARCH 22, 1991

"AS INDICATED DURING THE LEGISLATIVE COUNCIL DEBATE, THE INTENTION IS NOT TO ENCOURAGE HOMOSEXUALITY BUT TO REMOVE UNJUST AND UNENFORCEABLE PUNISHMENTS AGAINST ADULTS WHICH ARE OUT OF KEEPING WITH MODERN LIFE AND THINKING ON THIS MATTER,' A GOVERNMENT SPOKESMAN SAID.

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"THE PROPOSED LEGISLATION ALSO TAKES INTO ACCOUNT PUBLIC CONCERN IN HONG KONG ABOUT ACTS OF GROSS INDECENCY AND THE NEED TO PROTECT THE YOUNG AGAINST SEXUAL ABUSE, HE ADDED.

AT PRESENT, HOMOSEXUAL ACTS ARE ILLEGAL IN ALL CIRCUMSTANCES, CARRYING A MAXIMUM PENALTY OF TWO YEARS' IMPRISONMENT FOR ACTS OF GROSS INDECENCY BETWEEN MEN AND LIFE IMPRISONMENT FOR ACTS OF BUGGERY.

THE BILL PROVIDES FOR THE ABOLITION OF OFFENCES INVOLVING HOMOSEXUAL BEHAVIOUR EXCEPT IN CERTAIN CIRCUMSTANCES. THOSE INCLUDE ACTS WHICH ARE NON-CONSENSUAL, OR IF MORE THAN TWO PEOPLE ARE PRESENT, OR IF EITHER PARTNER IS UNDER 21 EVEN WHERE THE ACT IS CONSENSUAL AND IN PRIVATE, OR IF THE ACT TAKES PLACE OTHER THAN IN PRIVATE.

AT PRESENT IT IS AN OFFENCE FOR A MAN то HAVE CONSENSUAL INTERCOURSE WITH A GIRL BELOW THE AGE OF 16. THE SPOKESMAN SAID THIS AGE OF CONSENT WAS LONG ESTABLISHED AND THAT THERE WERE NO PROPOSALS FOR CHANGE.

"HOWEVER, THE GOVERNMENT AGREES TO THE PROPOSAL BY THE LAW REFORM COMMISSION THAT THE AGE OF CONSENT FOR MALE HOMOSEXUAL ACTS SHOULD BE 21,' HE SAID.

"I

HE EXPLAINED THAT MALES AGED BELOW 21 OFTEN HAD ONLY A LIMITED AND PERHAPS DISTORTED KNOWLEDGE OF HOMOSEXUAL ACTIVITY AND ITS RAMIFICATIONS, MAY BE CURIOUS ABOUT AND INCLINED TO EXPERIMENT WITH NEW ACTIVITIES AND THUS BE LED INTO HOMOSEXUAL PRACTICES, AND WERE OFTEN EMOTIONALLY AND FINANCIALLY DEPENDENT ON OTHERS AND THUS MIGHT BE TEMPTED BY MATERIAL OR OTHER INCENTIVES TO CONSENT TO HOMOSEXUAL ACTS.

THE BILL PROVIDES MAXIMUM PENALTIES OF LIFE IMPRISONMENT FOR NON-CONSENSUAL BUGGERY AND 10 YEARS IMPRISONMENT FOR ASSAULTING A PERSON WITH INTENT TO COMMIT BUGGERY, FOR BOTH HOMOSEXUAL AND HETEROSEXUAL ACTS.

A MAXIMUM PENALTY OF LIFE IMPRISONMENT IS PROVIDED FOR A MAN WHO COMMITS BUGGERY WITH A MAN UNDER THE AGE 21. THE SPOKESMAN SAID THE PENALTY WOULD APPLY TO BOTH PARTIES IN AN ACT OF CONSENSUAL HOMOSEXUAL BUGGERY WHERE EITHER PARTNER WAS UNDER THE AGE OF 21 BECAUSE OF THE UNDESIRABLE POTENTIAL FOR BLACKMAIL IF ONE PARTNER WAS COMMITTING AN OFFENCE AND THE OTHER WAS NOT.

"HOWEVER, IN NORMAL CIRCUMSTANCES, IT IS UNLIKELY THAT PROCEEDINGS WOULD BE TAKEN AGAINST THE PARTNER UNDER 21 WHERE THERE ARE NO OTHER AGGRAVATING CIRCUMSTANCES, AS THE PURPOSE OF THE NEW PROVISION IS THE PROTECTION OF MALES UNDER THIS AGE, HE POINTED OUT.

FOR

A SIMILAR MAXIMUM PENALTY OF LIFE IMPRISONMENT IS PROVIDED A MAN WHO COMMITS BUGGERY WITH A GIRL UNDER THE AGE OF 21. THE SPOKESMAN SAID IT WAS NOT PROPOSED THAT THE GIRL SHOULD BE LIABLE, IN KEEPING WITH EXISTING LAWS DESIGNED TO PROTECT GIRLS.

CRIMINALLY WOMEN AND

/THE BILL