frow
Mr Burrows Legal Advisers (K194)
7
CONFIDENTIAL
HHK 380/2
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che | Af2/3
No 2/3
EMPLOYMENT OF HOMOSEXUALS IN THE HONG KONG GOVERNMENT SERVICE
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In January this year the Hong Kong Government Secretary for the Civil Service issued a confidential circular to all Heads of Departments reminding them of the policy on the employment of homosexuals. The background to the issue of the circular is in Hong Kong telegran No 167.
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The policy not to employ or retain convicted or known male homosexuals is logical since homosexual acts, even between con- senting adult males, are criminal offences in Hong Kong sections 49 to 53 of the Offences Against the Person Ordinance.
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3. You will note that paragraph 2 of the circular defines a homosexual as being of either sex. This puzzled me since I believed that homosexual acts between females were not offences in Hong Kong and the Offences Against the Person Ordinance referred only to males, I therefore sought clarification of this in FCO Telegram No 117. Hong Kong Telegram No 179 attempts to provide this - the relevant section of the Crimes Ordinance is attached.
4. I do not find the latest Hong Kong arguments on the inclusion of females in the circular very convincing. We can expect Parliamentary Questions on this particular aspect and indeed have to submit a reply to an MP's letter on the general topic which raises this issue tomorrow. I should therefore be grateful for your views on the opinions in Hong Kong Telegrams Nos 167 and 179.
Blip
23 February 1982
R D Clift
Hong Kong and General Department
CONFIDENTIAL
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