TNAG-1210-FCO40-1513-Hong-Kong-laws-on-homosexuality-employment-of-homosexuals-wi-1982 — Page 42

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

GRS 247

CONFIDENTIAL

FM FCO 25171OZ FEB 82.

TO IMMEDIATE HONG KONG

CONFIDENTIAL

-25393

TELEGRAM NUMBER 129 OF 25 FEBRUARY.

36

1

(52)

HKK 380/2

сае

No

24/3. Af22/3/

See $4

55

YOUR TELNO 179: EMPLOYMENT OF HOMOSEXUALS IN CIVIL SERVICE

1.

WE NOW HAVE TO PREPARE DRAFT REPLY FROM LPS TO LETTER

FROM MR LEON BRITTAN MP ENCLOSING ONE FROM A CONSTITUENT

CRITICISING HONG KONG POLICY ON THIS.

2.

WE SEE NO DIFFICULTY IN SUPPORTING YOUR POLICY ON EMPLOY-

MENT OF MALE HOMOSEXUALS WHILST THE LAW IS UNCHANGED. HOWEVER

THE SITUATION IS LESS CLEAR-CUT ON FEMALE HOMOSEXUALS. AS YOU

SAY IN PARAGRAPH 2 OF TUR LESBIANISM IS NOT A CRIME IN ITSELF.

THE TWO POSSIBLE OFFENCES YOU REFER TO ARE LIKELY TO BE EXTREMELY

RARE AND IN PRACTICAL TERMS THE SECURITY RISKS, PARTICULARLY

INVOLVING JUNIOR CIVIL SERVANTS, SEEM SLIGHT. THUS PARAGRAPH 3 OF THE CIRCULAR PROHIBITING OUTRIGHT THE EMPLOYMENT OF KNOWN HOMO-

SEXUALS OF EITHER SEX COULD BE CHALLENGED.

IT COULD BE JUSTIFIED WHEN DEALING WITH SENSITIVE POSTS

BUT SEEMS OPEN TO QUESTION IF APPLIED SERVICE-WIDE IRRESPECTIVE

OF RANK OR GRADE.

3. WE MAY WELL HAVE TO DEAL WITH FURTHER PQ'S. PARLIAMENTARY -

INTEREST MAY BE HEIGHTENED BY HMG'S INTENTION TO BRING

NORTHERN IRELAND LEGISLATION INTO LINE WITH THE REST OF THE UK.

WHILE WE FULLY UNDER STAND THE SPECIAL CIRCUMSTANCES

IN HONG KONG WE DO THEREFORE NEED FURTHER

ARGUMENTS IN DEFENCE OF YOUR POLICY. IT WOULD BE

HELPFUL TO BE ABLE TO STRESS THAT THE GUIDANCE WOULD BE APPLIED

ON A CASE BY CASE BASIS BOTH AS REGARDS RECRUITMENT AND DISMISSAL

GRATEFUL FOR REPLY DESKBY 020900Z MARCH.

CARRINGTON

LIMITED

нкаят

LEGAL ADVISERS

SECURITY D MR DONAND

1

CONFIDENTIAL

COPIES TO..

HONG KONG GOUT OFFICE,

LONDON.

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