TNAG-0943-FCO40-1162-Future-of-Hong-Kong-1980 — Page 39

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There is one thing which he won't answer, a question which I am sure

you are interested in, the question of the law on homosexuality and

the difference between the law in the UK and the law here.

Needless

to say if it comes to acting on this law I will act on the advice of the Executive Council which will in turn rely very largely on

the recommendations of the Law Reform Commission, but I am perfectly

entitled to express a personal point of view about this, and my feeling is that there would be some benefit in amending the law particularly

between the discrepancy between the Hong Kong and UK Law.

own

I have regard to the fact that a fair proportion of the people

prosecuted have in fact been expatriates. Now every society has to

decide for itself what things it disapproves of will be dealt with

by the social sanction and what by law I think we would all be

agreed that whatever views we take on homosexuality procurers of

young boys should be dealt with by law not by social sanction.

Secondly that use of juveniles for homosexual purposes should be

dealt with by law not by social sanction. This is the case in the

UK. Now what happens to consenting adults is rather a different

matter, each community has to decide for itself, but in the present

situation I'm conscious of the fact that people prosecuted for

homosexual offences, the vast majority of which include offences with young people which would have been prosecuted in the UK just

the same as here, are gaining sympathy with the public by saying

that the law is different in the UK, with the implication that

in the UK they would be treated differently. In fact they would

be treated in exactly the same way. Now I would see some advantage

in amendment of the law if it were to eliminate this spuvious

sympathy which is created. Of course there are many other factors

too which the Law Commission will have to take into account and

by which I will eventually be guided, but I did want to make this

point to you.

Q. There have