TNAG-1830-FCO40-2598-Hong-Kong-laws-on-homosexuality-1988 — Page 14

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

prohibition of adult homosexual activities constituted an unnecessary inter- ferenc with the applicant's private life and was in breach of the Convention. 33. The European Convention was extended by the United Kingdom to a number of overseas dependent territories for whose international relations it. was responsible, but Hong Kong was omitted. The European Court accordingly does not deal with Hong Kong's treaty obligations and in any event that Court is particularly concerned with the developing climate of opinion in western Europe as regards social issues. The instruments governing Hong Kong's international human rights obligations are the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Article 17 of the International Covenant on Civil and Political Rights protects a person from 'arbitrary or unlawful' interference with his private life. This is more openly textured than the similar provision in the European Convention. In Hong Kong it cannot be said that the present laws proscribing homosexuality are 'arbitrary' (nor, of course, unlawful).

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