TNAG-1830-FCO40-2598-Hong-Kong-laws-on-homosexuality-1988 — Page 6

SECTION I: INTRODUCTION

Origins

1. On 14 June 1980, the Attorney General and the Chief Justice asked the Law Reform Commission to consider a topic in the following terms: 'Should the present laws governing homosexual conduct in Hong Kong be changed and, if so, in what way?"

Public consultation

2. In April 1983 the Law Reform Commission published its Report on the Laws Governing Homosexual Conduct. The report contained recommenda- tions for reform of the law. These recommendations raise important legal and moral issues and the Government has decided to publish this consultation paper to allow members of the public the opportunity to express their views.

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There are three clear options to be considered--

(1) no change to the present law;

(2) removal of the criminal penalties for homosexual acts in private

between consenting adults; and

(3) reduction of the penalties for homosexual acts in private between

consenting adults.

After reading this document members of the public are invited to submit their views before 30 September 1988 to the City and New Territories Adminis- tration, 12th floor, World Shipping Centre, 7 Canton Road, Tsim Sha Tsui or to their District Office. All submissions will be treated in confidence.

Homosexuality and homosexual behaviour

5. 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 (i.e. to have a sexual preference for men) 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 homosexual conduct have ranged from tolerance to persecution.

6. It is not known what causes homosexuality. Besides genetic or biological factors, environment may also play a part in the development of homosexual tendencies. It is probably impossible to disentangle genetic and environmental factors but it seems likely that environmental factors can encourage, perhaps temporarily, latent homosexual tendencies. This discussion document is con- cerned only with those people who engage in homosexual activities and who consequently commit homosexual offences.

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