TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 446

Mr Gladstone (WED)

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CC Mr Friar (HKGD)

Mr DuEdwardgo\/

RECEIVED IN REGISTRY NO. 51

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4·0V 1981

DESK OFFICER

INDEX

EUROPEAN COURT'S DECISION OF HOMOSEXUALITY

Frorts 43

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PA

REGISTRY Action Taken

P404/11

Please refer to Mr Farr's minute of 3 November referring to the attached letter of 27 October from the Campaign for Homosexual Equality.

See 2. The recent judgment of the European Court of Human Rights concerning homosexual pastimes in Northern Ireland is presumably being studied with excited interest in the Home Office, but one would not expect HMG yet to have reached any conclusion on whether to make life easier for the players in the face of opposition from local killjoys (vividly expressed by the Rev. Ian Paisley by reference to the Cities of the Plain):

3. The further question of pressing colonial governments to legislate in the light of the court's decision will presumably depend on what (if anything) HMG decide to do over Northern Ireland.

4. Three or four years ago the Hong Kong Government was I believe asked about bringing their homosexuality law into line with that of England and Wales but the reply to our enquiry (which was prompted by Mr Cortazzi's concern because of a successful prosecution there for offences involving homo- sexuality with juveniles) indicated that because of local opposition, the Hong Kong authorities were against changing their law (perhaps mistakenly, in view of subsequent develop- ments such as the MacLellan case).

5. It seems to me that Mr Jarrett will have to be content with a bare acknowledgment of his letter but that the FCO may perhaps at some stage have to consider whether or not colonial governments should be urged to cease legal harassment of consenting adults.

A.R.R.

AR Rushford Deputy Legal Adviser

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3 November 1981

PS

Even if the court's decision obliges HMG to change the law of Northern Ireland, it by no means follows that the law of any or all of the UK dependencies overseas would need to be changed - in fact, we could probably take the line that the decision does not affect them because their circumstances are different.

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