40
D. THE DECISION TO TERMINATE MACLENNAN'S CONTRACT
20.
The file was first submitted to the Superintendent in charge of the Interpol Bureau. He in turn passed it to the Criminal Investigation Department, Police Headquarters. Fletcher, the Deputy Director of Criminal Investigation also thought there was "a ring of truth" about the complaint. 13
21. The file then went to Quine, the Director of Criminal Investigation who wrote in minute 5 in the same file dated 12 September 1978: "I agree the allegation rings true, but there is insufficient evidence to support a prosecution. However as the case involves a police officer, the papers should go to the DPP" (i.e., the Director of Public Prosecutions).
22.
The papers were referred to the Legal Department. On 20 September 1978, the Acting Director of Public Prosecution, Mr. E. R. Astin gave his opinion correctly as follows: "I have no doubt that a clear prima facie case has been established on the evidence available as to the allegations made by Lau Wai-tong." He criticized the investigation as being lacking in some respects but since David Lau would be returning to Scotland, he envisaged that no prosecution would be instituted against MacLennan.14
David Lau had in fact left Hong Kong in late August 1978. The file was then referred back to the Criminal Investigation Department, Police Headquarters.
23.
24.
Minute 12 on the file dated 5 October 1978 marked a turning point, for with this minute, Quine passed the file to the Personnel Wing to consider possible disciplinary action. Quine said he saw no ground for terminating MacLennan's contract. His explanation (which I accept) was that it was common procedure to refer the matter to Personnel Wing when allegations against a police officer did not result in a criminal prosecution but there was a ring of truth about it.
The file was considered by various senior officers in the Personnel Branch. It first went to Mr. A. B. McNutt, Commander Personnel. He rightly summarized that there were only three courses open:—
25.
(a) terminate MacLennan's contract immediately;
(b) MacLennan be interviewed by his DPC15 and severely warned regarding his future conduct; and
(c)
not renew his present contract when it was to expire in September 1980.
Having considered the alternatives, he recommended, in my view sensibly and fairly, that course (b) should be followed and course (c) reviewed prior to September 1980. He recognized this meant that they would still have in the Force a suspect homosexual. He added that he had spoken informally to MacLennan's previous Divisional Superintendent, Mr. R. C. Smallshaw who was most surprised at any suggestion that MacLennan could have homosexual tendencies. 16
26. The file next went to Mr. J. E. Over, Director of Management and Development. He agreed with McNutt and recommended that MacLennan should be seen by his District Commander and very strongly advised as to his future conduct. He also recommended that a close eye be kept on MacLennan and that very serious consideration be given to "terminating (sic) his contract when it was to expire in September 1980.” 17
27.
The Deputy Commissioner of Police in charge of Administration was at that time General C. W. B. Purdon. He read the file on 18 October 1978 and wrote on it a very short minute to the Acting Commissioner of Police, supporting the recommendation of McNutt and Over. 18
28. The then Commissioner of Police B. F. P. Slevin was on leave. Acting in that post was the present Commissioner R. T. M. Henry. He first saw the file on 19 October 1978. He did not study all the contents, but he read some of the minutes and noticed that MacLennan's District Police Commander, M. C. Illingworth, had not been consulted for his views. 19 For this purpose, the file was directed to Illingworth for comments.
29.
in full:-
Then came minute 18 from Illingworth dated 26 October 1978. Because of its significance, I set out this minute
13
See File I, minute 4 at page 9.
14
See File I, minute 7 at pages 11-12.
15
16
MacLennan's District Police Commander at the time was Mr. M. C. Illingworth, District Police Commander of New Territories.
Minute 14 dated 12 October 1978, File I
17
18. Minute 15 dated 17 October 1978, File I page 18.
page
18
Minute 16 dated 18 October 1978, File I page 18.
19
Minute 16 dated 19 October 1978, File I
page 19.