TNAG-1830-FCO40-2598-Hong-Kong-laws-on-homosexuality-1988 — Page 63

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

CONFIDENTIAL

International Comparisons

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30.

In many countries the laws on homosexual behaviour

have been reformed over the years so that homosexual acts

between consenting adult men in private are no longer criminal

offences. The European Convention for the Protection of Human

Rights and Fundamental Freedoms (21) has been, and remains, a

strong influence in this process of reform. In England and

Wales homosexual acts between consenting adult men in private

ceased to be criminal in 1967. The same approach was adopted

in Scotland in 1980.

31.

In Northern Ireland there was strong opposition to

liberalising the law. However, in 1981 the European Court of

Human Rights held that Northern Ireland's continuing laws

prohibiting homosexual acts between consenting adult males in

private was in breach of the Convention (22). The Convention

provides that everyone has the right to respect for his

private and family life and that a public authority may

interfere with this right only in the interests of national

security, public safety or the economic well-being of the

country, for the prevention of disorder or crime, for the

protection of health or morals, or for the protection of the

rights and freedoms of others. The law on homosexuality in

Northern Ireland was aligned with the rest of the United

Kingdom in 1982.

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CONFIDENTIAL

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