TNAG-1210-FCO40-1513-Hong-Kong-laws-on-homosexuality-employment-of-homosexuals-wi-1982 — Page 58

10. FURTHER INFORMATION ON NATIONALITY TO FOLLOW ON 20

FEBRUARY.

11. WE ARE UNABLE TO RACE ANY RIGHT OF PETITION TO THE

PRIME MINISTER.

3. TEXT OF CIRCULAR 106/82 READS:

EMPLOYMENT OF HOMOSEXUALS IN THE CIVIL SERVICE

NOW THAT THE REPORT OF THE COMMISSION OF INQUIRY INTO THE DEATH OF INSPECTOR MACLENNAN HAS BEEN PUBLISHED, IT IS THOUGH THAT HEADS OF DEPARTMENT WILL WISH TO HAVE SOME GUIDANCE AS A REMINDER ON THE EMPLOYMENT OF HOMOSEXUALS

IN THE CIVIL SERVICE, AND SPECIFICALLY ON THE EXERCISE OF THEIR DELEGATED POWERS OF APPOINTMENT AND TERMINATION OF SERVICE. THIS CIRCULAR THEREFORE DEFINES THE EXISTING POLICY AND PROCEDURES WHICH HEADS OF DEPARTMENT MAY FIND HELPFUL.

2. A ''KNOWN HOMOSEXUAL IS SOMEONE (OF EITHER SEX) WHO HAS BEEN CONVICTED OF A HOMOSEXUAL OFFENCE OR WHO HAS FORMALLY ACKNOWLEDGED BEING A PRACTISING HOMOSEXUAL.

3. NO KNOWN HOMOSEXUAL SHOULD BE APPOINTED TO THE HONG KONG CIVIL SERVICE, IRRESPECTIVE OF RANK OR GRADE. WHERE A CANDIDATE FOR APPOINTMENT IS A SUSPECTED HOMOSEXUAL, THE CASE SHOULD BE REFERRED TO THE SECRETARY FOR THE CIVIL

SERVICE.

4. WHERE A SERVING OFFICER HAS BEEN CONVICTED OF A HOMOSEXUAL OFFENCE, CONSIERATION SHOULD BE GIVEN BY HIS HEAD OF DEPARTMENT TO TERMINATING HIS SERVICE IN ACCORDANCE WITH

ESTABLISHED CIVIL SERVICE PRACTICE.

5. WHERE IT COMES TO THE NOTICE OF A HEAD OF DEPARTMENT THAT

THE A SERVING OFFICER IS A KNOWN OR SUSPECTED HOMOSEXUAL, CASE SHOULD BE REFERRED AUTOMATICALLY TO THE SECRETARY FOR

THE CIVIL SERVICE FOR ADVICE.

6. DEALING WITH CASES INVOLVING KNOWN OR SUSPECTED HOMOSEXUALS IS NEVER EASY AND HEADS OF DEPARTMENT ARE INVITED TO SEEK ADVICE FROM THE STAFF OF CIVIL SERVICE

BRANCH.

MACLEHOSE

MINIMAL

HK & GD

FED

LEGAL ADVS.

2

CONFIDENTIAL