CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1107
OF 160130Z MARCH 88
attached
CONFIDENTIAL
3
014756
MDHIAN 2179
OUR TELNO 916 REFERS. WE HAVE BEEN PRESSED FOR AN OPINION AND HAVE ADVISED THAT THE LAW IS NOT INCOMPATIBLE WITH ARTICLE 17
AS :
(A) THE TEXT OF ARTICLE 17 OF THE INTERNATIONAL COVENANT DIFFERS SUFFICIENTLY FROM ARTICLE 8 OF THE EUROPEAN CONVENTION TO MAKE DUDGEON'S CASE OF PERSUASIVE AUTHORITY AT MOST.
(B) ARTICLE 8 EXHAUSTIVELY DEFINES THE GROUNDS JUSTIFYING INTERFERENCE. ARTICLE 17 HOWEVER ONLY PROVIDES PROTECTION AGAINST INTERFERENCE WHICH IS ARBITRARY OR UNLAWFUL.
(C) INTERFERENCE PURSUANT TO LEGISLATION PROHIBITING HOMOSEXUAL
ACTS IS LAWFUL.
(D) THE TERM ''ARBITRARY
1
IS BOTH VAGUE AND UNDEFINED. IN THIS CONTEXT IT MUST MEAN THE WAY IN WHICH THE LAW IS ENFORCED.
GRATEFUL REPLY DESKBY 170100Z.
WILSON
YYYY
ΜΑΙΝ
MINIMAL
NNNN
16
DISTRIBUTION
16
M
HK D
Am Sefoot, hegal Advan
PAGE
1
CONFIDENTIAL
No comments yet.
Private notes are available after approval.