TNAG-1830-FCO40-2598-Hong-Kong-laws-on-homosexuality-1988 — Page 52

!

CONFIDENTIAL

- 5

-

機密

also raised important issues of legal policy by arguing that

the law should not seek to proscribe homosexual acts between

consenting adults in private. The criminal law should instead

seek to protect people from being coerced into such acts, to

protect juveniles and to defend standards of public decency.

In its conclusions The Law Reform Commission stated

-

"it should not be a function of the law to enforce

moral judgements in areas where there is no need to

protect others; but that where conduct harms people

or offends the public, then the law should impose

sanctions." (7)

10.

This view of the role of the criminal law echoes the

views expressed by the Wolfenden Committee in its Report on

Homosexual Offences and Prostitution in 1957 -

"In this field, its (ie the law's) function, as we

see it, is to preserve public order and decency, to

protect the citizen from what is offensive or

injurious and to provide sufficient safeguards

against exploitation and corruption of others,

particularly those who are specially vulnerable

because they are young, weak in body or mind,

inexperienced, or in a state of special physical,

official or economic dependence.

CONFIDENTIAL

機密