TNAG-1830-FCO40-2598-Hong-Kong-laws-on-homosexuality-1988 — Page 65

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to be created to prohibit such activities as adultery and

excessive gambling. The fact that certain behaviour may not

amount to a criminal offence does not mean that it is morally

acceptable: it simply means that it is not suitable for

inclusion in the criminal law, the principle purpose of which

is to protect individuals from harm or suffering. Homosexual

activity between consenting adults in private could fall into

the class of behaviour which although not approved by the

general population, is nonetheless not suitable for inclusion

in the criminal law.

35.

The Law Reform Commission have established a case for

a change in the law and at the same time suggested other

amendments which would strengthen existing provisions for the

protection of young people and to maintain standards of public

behaviour. Its case for change rests on the proposition that

the present law is oppressive and unenforceable and that the

criminal law should not attempt to regulate the private sexual

behaviour of consenting adults. Although many of the concerns

considered in earlier paragraphs are genuinely felt, they do

not amount to a sustainable defence of the present law.

Distaste or moral disapproval are not a sufficient

justification for the retention of the present law which

singles out one group of citizens for punishment for their

private sexual behavious. Change would seem to be justified

in the name of fairness and civil liberties.

GF 323

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