CONFIDENTIAL
い
CONFIDENTIAL
FM FCO
TO DESKBY 17010OZ HONG KONG
TELNO 724
OF 16135OZ MARCH 88
Д
YOUR TELNO 1107 ATTACHED:
1.
TOP COPY
HILD 380/2
HOMOSEXUAL LEGISLATION
170710
HOAN 2095
AFTER CONSULTING OUR LEGAL ADVISERS OUR COMMENTS ON YOUR TUR
ARE AS FOLLOWS:
(I)
YOUR OPENING SENTENCE
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WHICH IS THE RELEVANT ORDINANCE?
(II) SUB-PARA (A) AND (B) THE TEXTS OF THESE TWO INSTRUMENTS ARE CERTAINLY DIFFERENT AND THE MORE PRECISE PROVISIONS OF PARAGRAPH 2 OF THE ECHR GIVE THE COMMISSION AND COURT PARTICULAR GUIDELINES BY WHICH TO TEST THE ACCEPTABILITY OF INTERFERENCE WITH THE RIGHT. A PARTICULAR FACTOR IN THE DUDGEON CASE (AS IN OTHERS) IS THE WEIGHT WHICH THE COURT ATTRIBUTES TO THE DEVELOPING CLIMATE OF OPINION IN WESTERN EUROPE AS REGARDS SOCIAL ISSUES. THE MORE PERMISSIVE ATTITUDE IN WESTERN EUROPE TO HOMOSEXUAL PRACTICE AMONG CONSENTING ADULTS WAS THEREFORE OF CONSIDERABLE EVEN DETERMINATIVE SIGNIFICANCE. FACTOR, HOWEVER, IS NOT NECESSARILY OF UNIVERSAL
·
THIS
SIGNIFICANCE AND EVEN, IF THE TEXTS OF THE TWO INSTRUMENTS WERE THE SAME, IT WOULD NOT FOLLOW THAT A SIMILAR CASE WOULD CALL FOR A SIMILAR SOLUTION IN A DIFFERENT SOCIAL CLIMIATE. (III) SUB-PARA (C) AND (D) WE AGREE THAT HOMOSEXUALITY IN HONG
KONG IS UNLAWFUL BUT LAWFUL AND ARBITRARY ARE CUMULATIVE TESTS LAWFUL CONDUCT MAY NEVERTHELESS BE ARBITRARY AS LEGAL EXPERTS ARE IN THE HABIT OF REMINDING THEIR CHINESE COUNTERPARTS.
HOWE
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ΜΑΙΝ
16
MINIMAL
ADDITIONAL
1
DISTRIBUTION
17
HKD
MR FIFOOT, LEGAL ADVISERS
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