TNAG-1830-FCO40-2598-Hong-Kong-laws-on-homosexuality-1988 — Page 72

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

Conclusion

CONFIDENTIAL

25

TEX

48.

If the case for change considered in section II is

fully accepted it would seem to be logical to implement change

along the lines of the Law Commission's proposals, i.e. Option

1. If it is accepted that the law has no role in regulating

the private sexual activity of responsible adults then there

is no requirement for the existing law. There would of course

be a need to ensure that the law was adequate to protect the

young and ensure acceptable standards of public behaviour.

49.

However, some people may feel that the removal of the

present laws would be going too far. They might, for example,

accept part of the argument for change but not be prepared to

accept that the law has no role to play in regulating the

private sexual activities of responsible adults. Option 2

would, broadly speaking, bring the law into line with present

practice. The law would still have a place in regulating

private sexual behaviour but the penalties would be reduced.

GF 323

CONFIDENTIAL

機密

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