00 HONG KONG (DESKBY 2701007)
GRS 284
CONFIDENTIAL
DESKBY 2701007
FM FCO 261645Z FEB 82
TO IMMEDIATE HONG KONG
CONFIDENTIAL
TELEGRAM NUMBER 132 OF 26 FEBRUARY
25556 1
HKK 380/2
RECEIVED IN MEDLEYWO. 51
Fy
1 MAR 182
DESK OFFICER
INDEX
P
No
CGE
212
STAY
Action Takay
Afzm
sex s
Attached
to
53
Attached
FCO TELNO 129 : EMPLOYMENT OF HOMOSEXUALS IN CIVIL SERVICE
1. KR ROLAND MOYLE MP, AN OPPOSITION FRONT PENCH SPOKESMAN ON
FOREIGN AFFAIRS, HAS PUT DOWN THE FOLLOWING PQ FOR PRIORITY
WRITTEN ANSWER:
TO ASK THE LORD PRIVY SEAL, IF HE IS SATISFIED WITH THAT (SIC)
THE HONG KONG GOVERNMENT SECRETARIAT CONFIDENTIAL CIRCULAR NO
∙105/82 BANNING HOMOSEXUALS FROM EMPLOYMENT IN PUBLIC SERVICES IN
HONG KONG ACCORDS WITH THE OBLIGATIONS OF THE HONG KONG GOVERN-
MENT UNDER ARTICLE 25(C) OF THE UNITED NATIONS INTERNATIONAL
CONVENTION ON CIVIL AND POLITICAL RIGHTS.
2. THE TEXT OF ARTICLE 25(C) OF THE COVENANT IS 'EVERY CITIZEN
SHALL HAVE THE RIGHT AND OPPORTUNITY WITHOUT ANY OF THE DISTING-
TIONS MENTIONED IN ARTICLE 2 (WHICH PROHIBIT DISTINCTIONS ON
GROUNDS OF SEX) AND WITHOUT UNREASONABLE RESTRICTIONS:
(C) 20 HAVE ACCESS, ON GENERAL TEPMS OF EQUALITY, TO PUBLIC
SERVICE IN HIS COUNTRY.
3. WE ARE ADVISED THAT THE ANSWER TO THE QUESTION WILL DEPEND
ON WHETHER THE POLICY IN CIRCULAR 106/32 IS AN UNREASONABLE
RESTRICTION. THIS CAN ONLY BE JUDGED ON ALL THE CIRCUMSTANCES
PREVAILING IN HONG KONG. IN TUR WE EXPRESSED OUR DOUBTS ABOUT
THE REASONABLENESS OF ITS SERVICE-WIDE APPLICATION IRRESPECTIVE
OF RANK OR GRADE. IF YOU WISH US TO RECOMMEND THAT THE ANSWER
TO THE QUESTION BE 'YES' THEN WE SHALL NEED CONVINCING ARGUMENTS
FROM YOU TO PUT TO MINISTERS TO SUPPORT THIS.
4. WE ARE ADVISED THAT A 'NO' REPLY WOULD REQUIRE A CHANCE IN
YOUR POLICY TO CONFIRM WITH THE COVENANT.
5. OUR DEADLINE FOR SUBMITTING THE REPLY IS NOON ON 2 MARCH.
GRATEFUL THEREFORE FOR DRAFT REPLY, COMMENTS AND REPLY TO TUR
1
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