TNAG-1830-FCO40-2598-Hong-Kong-laws-on-homosexuality-1988 — Page 44

For decision

on 17 May 1988

CONFIDENTIAL MS + PA

XCC (88) 51 Copy No.....

30

MEMORANDUM FOR EXECUTIVE COUNCIL

DISCUSSION DOCUMENT

HUD 380/2

REVIEW OF THE LAWS ON HOMOSEXUAL OFFENCES

memorandum

THE PROBLEM

On 30 June 1987. having considered XCC (87) (95), Members advised-

(a)

that a discussion document should be prepared for consideration by the Council as soon as possible setting out the relevant facts about homosexuality, putting forward the merits of decriminalising homosexual acts between consenting adults in private in a sensitive but persuasive way, but also setting out with comment, the options of maintaining the present criminal sanctions ΟΙ reducing the penalties; and

informed of the

(b) that the public should be

intention to issue a discussion document.

RECOMMENDATION AND ADVICE SOUGHT

2

A draft discussion document "Review of the Laws on Homosexual Offences" is annexed. Members will be asked to advise whether this document should be issued for public consultation for a period of three months.

BACKGROUND AND ARGUMENT

The Discussion Document

3

The discussion document takes as its starting point the Law Reform Commission's 1983 report on the law governing homosexual offences. It rehearses the main arguments for and against changes in the law and where possible draws broad conclusions. The a im is to present the arguments in a balanced way but also to comment on the arguments. Consideration was given to drafting a paper which was shorter and simpler than the draft annexed but it was decided that the material was not suitable for such an approach.

for such an approach. The document is therefore a full and, we hope, balanced presentation of the issues.

CONFIDENTIAL