TNAG-1830-FCO40-2598-Hong-Kong-laws-on-homosexuality-1988 — Page 49

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

CONFIDENTIAL

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機密

Later in this document the case for a change in the law is

discussed in detail. The conclusion drawn is that the law

should be changed along the lines of either option (1) or (2).

і

3.

After reading this document members of the public are

invited to submit their views to the Secretary for Security,

Central Government Offices, 6th Floor, Lower Albert Road. All

submissions will be treated in confidence.

Homosexuality and homosexual behaviour

4.

Homosexuality can be broadly defined as a sexual

preference for persons of one's own sex There is an important

distinction to be made between homosexuality and homosexual

behaviour.

Homosexuality is a biological or psychological

state and as such does not come within the scope of the

criminal law. It is not a crime for a man to be homosexual

but it is a crime if he commits a homosexual act. There have

probably been homosexuals in all civilisations in all ages and

attitudes towards them have ranged from tolerance to

persecution. In Hong Kong, the number of exclusively

homosexual men (active or inactive) has been variously

estimated at between 145,000 and 290,000 (1). It is obviously

difficult to make such estimates with any certainty and for

the purposes of this paper the lower figure will be assumed to

be accurate.

CONFIDENTIAL

機密

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