an
The discussion document has a simple three part structure. The introduction explains the purpose of the document; considers the causes of homosexuality; explains what homosexual acts are and the
the law governing such activities. The essential points made are
that homosexuality is involuntary condition which is not in itself a criminal offence but that any sexual act between two men is a crime. The central question raised is whether the present
law is a just law. Section 2 rehearses the arguments for and against a change in the law and concludes that there
is a strong case for change. It states clearly that the retention of the present law is an option and assesses the implications of such a conclusion. Section 3 considers two options for change: the removal of the criminal penalties for homosexual acts between consenting adults in private or, alternatively, the reduction of the penalties for homosexual acts between consenting adults in private. The document explains the implications of each option but does not make a recommendation for one or the other.
AIDS
5
AIDS is obviously an issue which must be addressed in this context and the document assesses the arguments concerning AIDS which have been advanced for and against a change in the law on homosexual behaviour. The arguments fall into two opposing camps. First, there is the view
view that a change in the law will encourage homosexual behaviour and consequently facilitate the spread of AIDS. Against this view is the argument that liberalisation of the law will encourage practising homosexuals to come forward for screening and treatment and thereby contribute towards controlling the spread of AIDS. It is difficult to decide between these opposing views but the document concludes that the existing laws do discourage homosexuals from seeking advice and
treatment.
Financial Implications
6
20,000 Chinese language
copies and 5,000 English language copies of the consultation document will be prepared at a total cost of
of $50,000. There are no other financial implications.
Public Reaction
7
Given the sensitivity of the subject, the proposed consultation exercise will attract wide public interest. Since the middle of 1987, there has been considerable press interest, predominantly in the English media, and this will be revived by publication of the consultation paper.
More conservative
oppose any
quarters
will
move
towards
No comments yet.
Private notes are available after approval.