HL Deb 07 August 1980 vol 412 cc1753-4WA
Lord BROCKWAY

asked Her Majesty's Government:

Whether they will ask the Governor General of Hong Kong to consider (1) the repeal of the law prohibiting homosexual acts in private by consenting adults and (2) the provision of an amnesty to offenders so that no witnesses to the commission of inquiry into the circumstances of the death of Inspector John MacLennan may be deterred from giving evidence through fear of prosecution;

and

Whether they will ask the Governor General of Hong Kong to consider allowing witnesses to the commission of inquiry into the circumstances of the death of Inspector John MacLennan to appear anonymously so that none may be deterred by fear of prosecution as homosexuals.

Lord TREFGARNE

The Hong Kong Law Reform Commission is considering the possibility of repealing the law prohibiting homosexual acts in private by consenting adults.

The Commissions of Inquiry Ordinance provides that evidence given by any person before a commission shall not be admissible against him in any proceedings except where he is charged with perjury or contempt. The ordinance also provides for any part of an inquiry to be held in camera, and the counsel for the commission has already announced that the commission intends to do so where appropriate. In these circumstances, an amnesty is not necessary and witnesses need not be deterred for fear of prosecution.