for acts committed on private premises and seen by persons on nearby private premises. Also, to prove the offence it is not necessary to show that the was least seen by a member of the public, only that one or more persons mus have been able to see the act. Nor is it necessary to prove that anyone was offended or disgusted, only that the act was one which may reasonably be considered to be beyond the bounds of accepted standards of public decency.
Blackmail
29. The male homosexual community in Hong Kong is for the most part discreet. Apart from their homosexual activities they are probably as law abiding as the general population. But, because of their sexual practices, they are criminals and they live in fear of prosecution and blackmail. Some are known homosexuals, others are not. All live under the threat of being derided and ostracised by the community as a result of prosecution and conviction.
30. But even in those countries where homosexual acts are not criminal offences, opportunities for blackmail remain. Unless public attitudes towards homosexuality change, homosexuals will continue to be particularly vulnerable to blackmail because of the social stigma that can result from any public revelation of their homosexuality. The law in Hong Kong, by making all homosexual acts criminal, substantially increases this burden on homosexuals and makes the task of any would-be blackmailer much easier. Victims of blackmail are understandably reluctant to report it to the police because they fear they risk investigation and prosecution. If homosexual conduct in private between consenting adults were no longer a criminal offence the risk of blackmail might be lessened but not entirely eliminated.
Human Rights
31. The European Convention for the Protection of Human Rights and Fundamental Freedoms(7) has been a strong influence in the process of homosexual law reform. The Convention provides that everyone has the right to respect for his private and family life and that a public authority may interfere with this right only in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
32. As recently as 1987 the European Court considered an application from a homosexual in the Republic of Ireland who contested the constitutionality of legislation prohibiting homosexual activities(8). The court held that the penal
(7) The European Convention of Human Rights and Fundamental Freedoms was concluded at
Rome on 4 November 1950 and entered into force on 3 September 1953.
(8) Application No. 10581.83 v. Ireland.
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