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CONFIDENTIAL
- FM HONG KONG 2001522 FEB 82 -
CONFIDENTIAL
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HKK345/2
TO IMMEDIATE F ́CO
TELEGRAM NUMBER 167 OF 20 FEBRUARY
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FURTHER TO MY TELNO 129. YOUR TELNO 75 AND TELNO 194, PARA 7, HITK 380/2
ON EMPLOYMENT OF HOMOSEXUALS IN CIVIL SERVICE.
TEXT OF CIRCULAR 106/82 BEING SENT TO YOU SEPARATELY BY CABLE.
HERE ARE THE BACKGROUND NOTES.
HOMOSEXUALITY AND THE LAW IN HONG KONG
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J25.2 AP25
HOMOSEXUAL ACTS, EVEN BETWEEN CONSENTING ADULT MALES, ARE CRIMINAL OFFENCES IN HONG KONG. THE LAW RELATING TO HOMOSEXUAL
OFFENCES IS TO BE FOUND MAINLY IN SECTIONS 49 TO 53 OF THE
OFFENCES AGAINST THE PERSON ORDINANCE, CAP. 212 OF THE LAWS OF HONG
KONG. ANY PERSON CONVINCTED OF THE CRIME OF BUGGERY IS LIABLE TO
IMPRISONMENT FOR LIFE, AND FOR AN ATTEMPT TO COMMIT BUGGERY, OR FOR ANY ASSAULT WITH INTENT TO COMMIT BUGGERY, IMPRISONMENT FOR 10 YEARS. ACTS OF GROSS INDENCY BETWEEN MALES, WHETHER IN PUBLIC OR PRIVATE, ARE PUNISHABLE BY TWO YEARS IMPRISONMENT. IT IS ALSO THEORETICALLY POSSIBLE FOR FEMALES TO BE CONVICTED FOR WHAT ARE
KNOWN IN GENERAL TERMS AS HOMOSEXUAL OFFENCES'.
2. HISTORICALLY, THE LAW IN HONG KONG RELATING TO THESE MATTERS WAS AMENDED IN 1981 TO BRING IT INTO LINE WITH SECTION 11 OF THE
CRIMINAL LAW AMENDMENT ACT 1885 IN UK, BUT NO SIMILAR AMENDMENT HAS BEEN MADE IN HONG KONG SINCE THE INTRODUCTION IN UK OF THE SEXUAL
OFFENCES ACT IN 1967 WHICH LEGALISED HOMOSEXUAL ACTS IN PRIVATE
BETWEEN CONSENTING MALES WHO HAVE ATTAINED 21 YEARS OF AGE.
FORMATION OF SPECIAL INVESTIGATION UNIT
3. IN AUGUST 1978 A SOLICITOR NAMED DUFFY WAS ARRESTED FOR CERTAIN HOMOSEXUAL OFFENCES. IT WAS ALLEGED THAT HE HAD BEEN FRAMED, AND A SPECIAL TEAM WAS FORMED FOR PURPOSES OF FINALISING THE INVESTI- GATION OF THE CHARGES AGAINST DUFFY, AND ALSO OF INVESTIGATING THE ALLEGATION THAT HE HAD BEEN FRAMED. THIS TEAM (LATER CAME TO BE KNOWN AS THE SPECIAL INVESTIGATION UNIT) (SIU) STARTED TO GATHER INTELLIGENCE ON THE HOMOSEXUAL SCENE IN HONG KONG WITH SPECIAL
INTEREST IN THE PROCUREMENT AND ABUSE OF YOUTHS.
4. IN AUGUST 1979 FOLLOWING A MEETING ATTENDED BY THE GOVERNOR, CHIEF SECRETARY, AND OTHERS, THE ATTORNEY GENERAL SIGNED A POLICY GUIDELINE FOR THE POLICE CONCERNING HOMOSEXUAL OFFENCES, WHICH CAME
TO BE KNOWN AS 'THE CHARTER'. ACCORDING TO THE CHARTER THE
PRIMARY TARGET WAS THOSE WHO PROFITED FROM HOMOSEXUALITY THROUGH
PROCURING. SECONDLY, THOSE WHO ABUSED YOUNG BOYS AS OPPOSED TO THOSE
WHO ENGAGED IN HOMOSEXUAL ACTS BETWEEN CONSENTING ADULTS. THIRDLY,
THOSE AGAINST WHOM CREDIBLE EVIDENCE EMERGED DURING OTHER
INVESTIGATIONS. FOURTHLY, WHERE SPECIFIC COMPLAINTS OF HOMOSEXUAL
PRACTICES WERE MADE TO THE POLICE. AS AN EXCEPTION TO THE GUIDANCE
IN RELATION TO CONSENTING ADULTS, CREDIBLE LEADS WERE TO BE
FOLLOWED UP IF THEY WERE AGAINST MEMBERS OF THE JIDICIARY OR OF
THE ATTORNEY GENERAL'S CHAMBERS OF OF OTHER LAWYERS IN ACTIVE
PRACTICE IN THE COURTS OR OF THE POLICE, BECAUSE IT WAS CONSIDERED UNACCEPTABLE TO HAVE THOSE CHARGED WITH THE ENFORCEMENT OF THE LAW THEMSELVES TO BE DELIBERATELY BREAKING IT. THE SIU CONTINUED TO OPERATE IN ACCORDANCE WITH THIS CHARTER.
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