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enor
amount of time the Commission has taken in its task. In the circumstances, it has turned out that I have had to enquire deeper than what my Terms of Reference would at first appear necessary. There was therefore no way whereby the inquiry could be expedited.
D.
ADMINISTRATION AND REPRESENTATION
(a) Appointment of Secretary and Counsel and Solicitors to the Commission
11.
In the climate of public distrust in which I found myself when I was appointed, I decided that I should begin my task with the greatest possible speed. Within a day of my appointment, I was provided with an Administrative Officer, Mr. Norman Chan, as my Secretary and soon afterwards his Assistant, Mr. Eric Chan Pui-chuen, Executive Officer I, together with a small clerical and secretarial staff. It is a tribute to Mr. Norman Chan's initiative and hardwork that within a few days, he arranged for the basic papers connected with my Inquiry to be delivered to the Commission's office for my perusal and that of Counsel for the Commission.
12.
Initially, the Attorney General under powers conferred on him by Section 6(4) of the Commissions of Inquiry Ordinance, Chapter 86, nominated Mr. D. J. Little, Deputy Principal Crown Counsel, as Counsel for the Commission. Mr. Little immediately launched into his task, but after his initial perusal of the papers, he advised me in unequivocal terms that he felt that it would be inappropriate in the circumstances for a member of the Legal Department to act as Counsel for the Commission. Mr. Little informed me that his view was shared by the Attorney General. When Mr. Little's advice was tendered to me, I had also had the opportunity to give preliminary consideration to the papers and had come to the same conclusion. I therefore concurred with him that arrangements should be made for Counsel outside the Legal Department to be appointed.
13. After discussion with Little and the Crown Solicitor, I felt that in view of the climate of public opinion surrounding this Inquiry, it would be more appropriate to appoint Counsel from England to be Counsel for the Commission. I made this decision notwithstanding my high opinion of the ability, integrity and independence of the local Bar. But in the light of the intensity and nature of the public debates which preceded my appointment, it might, rightly or wrongly, be said, by some that those debates contained the potential to colour the views of a local person who would be primarily charged with the forensic duty of presenting and testing the evidence which was to be brought before me. My anxiety might well have been theoretical but in all the circumstances, I thought it wiser not to give room for any possible speculation as to the lack of objectivity on the part of my Counsel.
14. A Barrister from London, Mr. Michael Neligan was briefed through a London firm of solicitors Messrs. Charles Russell & Co. He arrived in Hong Kong on 17 July 1980. I impressed upon him what I considered to be the predominant consideration at the time-the need for speed, although for reasons which I shall give below, I saw reason to revise this approach at a later stage. Mr. Neligan approached his work with vigour and, by 24 July 1980, was able to present his first opening speech in public.
15. Mr. Neligan, having perused the papers given to him, came to an assessment of the volume of the task. As a result, he asked for the services of a Junior. I therefore appointed a further Counsel for the Commission, Mr. Anthony Neoh, to assist Mr. Neligan. Mr. Neoh took up his duties on 29 July 1980. Later because of mounting pressure of work, I appointed Miss Audrey Eu to be an additional Counsel for the Commission. Miss Eu took up her duties on 29 October 1980.
16.
At the time of Mr. Neligan's appointment, I was also obliged to appoint Solicitors to the Commission. They were the firm of Zimmern & Co.
(b) Supply of Documents to the Commission
17.
At the time of Mr. Neligan's arrival, the Commission had in its possession the papers listed at Appendix 3. These comprised numerous reports, statements, depositions of witnesses and exhibits at the Inquest. These papers encompassed MacLennan's background, the allegations made against him while he served in Yuen Long, the SIU investigation of alleged homosexual activities between him and certain Chinese males, the investigation after his death and the Police files relating to the investigations by the Complaints Against the Police Office (CAPO) into Fulton's complaints.
18.
I would mention here that throughout this Inquiry, the Commissioner of Police, through the liaison team named below, has given this Commission unstinting assistance and has supplied all documents that I and my Counsel requested. The liaison team consisted of:—
Mr. R. Brown, Senior Assistant Commissioner of Police
Mr. D. Younge, Superintendent of Police
Mr. P. Driscoll, Senior Inspector of Police (up to 19 December 1980)
Mr. H. Pike, Senior Inspector of Police (from 5 January 1981 until the end of the Inquiry)
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