CONFIDENTIAL
GOVERNMENT, BOTH AS AN EMPLOYER AND HAVING REGARD TO ITS DUTY TO THE TAX-PAYER, IS OBLIGED TO RESPECT THE LAW AS IT STANDS AND TO CAREFULLY CONSIDER THE PROPRIETY OF RETAINING THE SERVICES OF CIVIL SERVANTS WHO ARE KNOWINGLY IN BREACH OF THE LAW, WHO POSE A SECURITY RISK AND WHO MAY BE WORKING WITH DIMINISHED PRODUCTIVITY.
IN FACT, IN RESPECT OF CIVIL SERVANTS CONVICTED OF OTHER CRIMINAL OFFENCES, THE HONG KONG GOVERNMENT ALSO REVIEWS THEIR EMPLOYMENT IN A SIMILAR WAY UNDER COLONIAL REGULATION 58. 6. AS IN CASES INVOLVING OTHER CRIMINAL OFFENCES, EACH CASE INVOLVING HOMOSEXUALS IS CONSIDERED ON AN INDIVIDUAL BASIS. ACTION WILL NOT BE TAKEN AGAINST THE OFFICERS UNTIL FULL CONSIDERATION OF ALL AVAILABLE FACTORS AND CIRCUMSTANCES CONCERNING THE OFFICERS HAVE BEEN EXAMINED, AND TERMINATION OF SERVICE IS CONSIDERED ONLY AFTER ALL OTHER OPTIONS (INCLUDING TRANSFER TO LESS SENSITIVE
POSTS) HAVE BEEN EXHAUSTED.
7. HAVING REGARD TO THE LAW AS IT STANDS IN HONG KONG AND TO THE CULTURAL AND SOCIAL ENVIRONMENT OF THE COLONY, IT IS CONSIDERED THAT THE POLICY ON THE EMPLOYMENT OF HOMOSEXUALS IN THE HONG KONG CIVIL SERVICE (AND THE WAY IN WHICH THE POLICY
IS APPLIED) IS NOT AN UNREASONABLY RESTRICTION ON THE RIGHT AND OPPORTUNITY OF CITIZENS TO PUBLIC SERVICE IN HONG KONG. IT IS THEREFORE SUGGESTED THAT THE ANSWER TO THE QUESTION OF MR ROLAND MOYLE, MP, SHOULD BE IN THE AFFIRMATIVE.
MACLEHOSE
LIMITED
HK & GD
LEGAL ADVS.
SEC D
PPD
MR DONALD
2
CONFIDENTIAL
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