42
It is recommended that as there are no proven grounds of misconduct, Mr. MacLennan's services be teri payment of one month's salary in lieu of notice in accordance with paragraph 14(i)(a) of the Memorandum on Conditions of Service for Overseas Officers (G.F. 341). He should be granted the vacation leave and gratuity earned, terminal baggage allowance and a homeward passage to his country of origin.
In the light of a recent case involving the termination of a Chief Inspector's agreement, I also recommend the following:-
(a) Mr. MacLennan should not be advised of the reason for terminating his agreement, for which there is no
contractual or legal requirement; and
(b) the termination should be effective 14 days from the date of service of the notice in order that Mr. MacLennan
can have reasonable time to arrange for his passage and personal affairs. "23
33. No doubt, in the ordinary way, it is for the Department Head to decide whom he does and does not want in his department. Therefore, not surprisingly, when the Civil Service Branch received a memorandum from the Commis- sioner of Police recommending the termination of MacLennan's contract, they would in accordance with normal practice adopt and give formal effect to the decision. Indeed, this was the policy of the Civil Service Branch as explained in evidence by Rowlands, who was then, and still is, the Secretary for the Civil Service. No criticism can be made of this policy.
34.
In this case, the Civil Service had one query. They disagreed with the recommendation not to give MacLennan any reason for the termination. After some discussion, it was resolved that MacLennan should be seen by a senior officer in Police Headquarters, told orally the reason for the termination and a note made on the file. The rest of the recommendation was adopted and this resulted in a letter dated 14 November 1978 signed for the Secretary for the Civil Service terminating MacLennan's contract with effect from a date to be determined by the Commissioner of Police on payment of one month's salary in lieu of notice in accordance with the contractual provision and with full terminal benefit.24 That date was to be 4 December 1978. Added to that was MacLennan's 29 days of vacation leave. Consequently, he would be struck off strength on 2 January 1979. All this was set out in full in a memorandum dated 20 November 1978 signed by Staff Officer Personnel, Inspector R. C. Lidster for the Commissioner of Police and addressed to the Secretary for the Civil Service. 25
35. At about 2.30 p.m. on 20 November 1978, Senior Staff Officer Personnel, J. G. Mansell interviewed MacLennan in the presence of Lidster. MacLennan was handed the letter of termination. After reading it, MacLennan asked if the letter had anything to do with the complaint made against him by the Chinese youth in Yuen Long. Mansell told him the complaint had been considered by the Director of Public Prosecutions whose views resulted in the Secretary for the Civil Service terminating his service. That was, of course, not strictly correct. Pursuant to the decision of the Civil Service Branch, MacLennan was verbally told the reason for the decision but he was not told the facts as to how the decision came about.
36.
Inspector MacLennan then protested his innocence. He claimed that the allegation made against him was malicious and might be triad instigated. He added that it would appear that an officer's services could be terminated as a result of a malicious allegation. He asked if that was the sole reason for his termination. He was informed that it was. He was also told that with effect from that same day, he would be transferred to Police Headquarters.26
37.
At the end of this meeting, MacLennan was asked into Lidster's office where he was shown the memorandum of 14 November 1978 detailing the conditions of his termination. Again MacLennan claimed his innocence. He asked what could be done. Lidster told him he had no right of appeal. He could only petition the Governor, and he was told the proper procedure for submitting such a petition. Meanwhile, he was advised to finalize his affairs and make arrangements to return to the United Kingdom.
E.
38.
THE APPEAL AND REINSTATEMENT
quarters.
Inspector MacLennan was determined to fight the termination. To this end, he sought help from various
39. He saw his best friend Inspector C. Burns and together they went up to visit his former superior Chief Inspector M. R. Atkinson. MacLennan was extremely distraught and agitated. He said that his contract had been terminated because of certain allegations concerning the Yuen Long incident. He claimed that the allegation was a pack of lies. It was all based on the word of the Chinese student who had already left Hong Kong. He was given no
23
File K page 76.
24
File K page 75, reproduced in Appendix 13.
25
File F(i) page 39.
26
Minute 17, File F(i), page 13. Transcript pages M1-M24.