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visions for the protection of young people and the maintenance of standards of public behaviour. Its case for change rests on the proposition that the present law is oppressive and largely unenforceable and that the criminal law should not attempt to regulate the private sexual behaviour of consenting adults.
48. Against this view it might be argued that the criminal law should reflect the broad moral views of the community and that in Hong Kong the general public view is that homosexual behaviour is immoral: a change in the law might result in a weakening of traditional family values, a deterioration in standards of public behaviour, and possibly public health, and an increased risk that young people would be tempted to experiment with homosexual behaviour. Such consequences would be highly undesirable and, on this view, the present law is essential if they are to be avoided.
49. A middle course might be based on a partial acceptance of the case for change. Some people might conclude that a reduction in sentences might be the right balance. It would bring the law into line with the present policing practice and the pattern of sentencing by the courts while avoiding the undesirable consequences which might be associated with removal of the criminal penalties for homosexual acts in private between consenting adults (Option 2).
50. Members of the public are asked to consider the issues discussed in this paper and to comment on the options set out in Section III. The consultation. period will last from 28 June to 30 September 1988 and all submissions will be treated in the strictest confidence.
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