CONFIDENTIAL
له
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1107
OF 16013OZ MARCH 88
HILD 380/2
014756
MDHIAN 2179
TOP COPY
Q DIST
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' IS BOTH VAGUE AND UNDEFINED. IN THIS
CONTEXT IT MUST MEAN THE WAY IN WHICH THE LAW IS ENFORCED.
GRATEFUL REPLY DESKBY 170100Z.
WILSON
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