CONFIDENTIAL
НКК 380/2
Parliamentary Unit
Cc:
Mr Burrows, Legal Advisers
Mr Donald
DISK
9
CSE
No
9/3
PQ HONG KONG EMPLOYMENT OF HOMOSEXUALS IN CIVIL SERVICE
1. I submit a draft reply to the PQ by Mr Roland Moyle MP for
AF 913
See
71
This follows Mr Parry's two
priority written answer on 3 March.
(ult
A
Questions on 24 February.
45
B Attached to
32
D Attached to
The departmental Legal Counsellor concurs.
1
2. In January this year a confidential circular 106/82 was issued
to all Heads of Department in Hong Kong, defining the Hong Kong
Government's policy on the recruitment and continued employment of
known and suspected homosexuals. The background is in Hong Kong
Telegram Number 167. A known homosexual is defined as someone
(of either sex) who has been convicted of a homosexual offence or
who has formally acknowledged being a practising homosexual'. The
confidential circular was leaked and I think it can be assumed that
Mr Moyle has a copy of it.
3.
1
The test of the Hong Kong policy in relation to Article 25(c)
of the United Nations Covenant is whether it is an unreasonable
restriction' and this depends on the circumstances prevailing in
Hong Kong. The Hong Kong Government consider that having regard
to the law as it stands in Hong Kong and to the cultural and social
environment of the Territory, the policy and its implementation
are reasonable.
CONFIDENTIAL
/4.
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