GF 323
CONFIDENTIAL
22
Strengthening the law on public behaviour
機密
43.
Clearly, if the law on homosexual conduct is to be
changed it would be unacceptable for homosexuals to behave in
a manner likely to cause offence to the public. The existing
law to safeguard standards of public decency has been
examined and found adequate in most respects. It is a common
law misdemeanour to commit an act outraging public decency in
such a way that more than one person sees, or is at least able
to see, the act. The common law offence applies to all open
lewdness, grossly scandalous behaviour and whatever openly
outrages decency or is offensive and disgusting. The offence
may be committed by one person (the common example is indecent
exposure) and the courts may impose any penalty they see fit.
Offenders have been convicted for acts committed on private
premises and seen by persons on nearby private premises.
Also, to prove the offence it is not necessary to show that
the act was seen by a member of the public, only that one or
more person must at least have been able to see the act. Nor
is it necessary to prove that anyone was offended or
disgusted, only that the act was one which may reasonably be
considered to be beyond the bounds of accepted standards of
public decency.
44.
It is considered that present the common law offence
of outraging public decency adequately provides for both
homosexual and heterosexual behaviour likely to cause offence
to the public. The existing law should be reinforced however
CONFIDENTIAL #2
機密
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