13.
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On the balance of probabilities I prefer Ross' evidence to that of Blackburn and Mansell where conflicts exist. It appears that Ross, not having read the Yuen Long file until December 1979, had little reason to call for the file at that stage. It was on the other hand quite natural for Blackburn and Mansell to want to know something about MacLennan in the normal course of their duties as persons in charge of personnel, paticularly in the light of their respective roles in the termination of MacLennan's contract and his subsequent reinstatement (see Chapter 3 on Yuen Long). There was in my view nothing sinister in Blackburn and Mansell asking Ross to "vet” MacLennan.
14.
The fact that only a very low profile enquiry had been made in the “vetting" exercise which resulted in a negative finding supports my view that the SIU did not develop any resentment of MacLennan at that stage. Had there been any sinister motive in the mind of Brooks or Quinn to victimize MacLennan, this would be the most opportune moment to launch a full-scale investigation on MacLennan in the hope that they might he able to find out much more than they in fact did. In any event the Personnel Wing took no further action regarding MacLennan.
C.
RAYMOND LAM INCIDENT
15. Raymond Lam, a male prostitute of 21 years of age, was Fulton's boyfriend and they had lived together at the Ho Man Tin Service Flats since 1977.
16.
In July 1979, Raymond Lam was approached by MacLennan at the public telephone kiosk in the lobby of the Ho Man Tin Service Flats. According to Raymond, he wanted to make a telephone call that day but Fulton's telephone was out of order. So he went downstairs to use the public telephone. A European male, whom he did not know at the time but later learned was John MacLennan came from behind and pressed the "coin return" button so that the 50 cent coin already inserted by Raymond was ejected. MacLennan invited Raymond to use his telephone at Flat 410B because it would be more "convenient".
17.
Raymond accepted the offer and went up to MacLennan's flat. After Raymond had made the call, MacLennan told him that his name was "John" and offered him wine. Raymond refused, saying that he did not drink. MacLennan then asked Raymond whether he knew how to massage. Raymond said he did not. MacLennan said he knew how to massage. The matter was however not discussed further because of Raymond's rather negative reaction. Raymond then left the room unmolested.
18.
Although MacLennan did not make any homosexual “advance” to Raymond, this incident can be taken as persuasive evidence of MacLennan's homosexual inclination. MacLennan's approach to Raymond cannot be explained away as a generous and considerate gesture intended to save a stranger 50 cents, especially when the subject of massage was raised in their very brief encounter. Raymond Lam, having been a male prostitute, admitted in evidence that he did have the feeling of being "propositioned in a homosexual way” at the time when MacLennan approached him in the lobby and talked about massage in his flat. However, Raymond said that he ceased to have that feeling since he found that MacLennan was rather "gentleman-like” and did not pursue the subject of massage any further.
19.
Raymond Lam told Fulton of the incident soon after it had occurred.19 Fulton then found out from the directory of residents in the lobby that the person who lived in Room 410B was John MacLennan. Fulton said that he was neither "upset" nor "jealous” because the approach by MacLennan did not succeed.
20.
According to Fulton, he never informed SIU of this incident. However, he said that he was told by Quinn at a meeting at the Wine & Cheese Bar on 3 August 1979 that SIU knew of the incident. Fulton was stunned as he did not know how Quinn came to know about it.
21.
According to Graham, who was also present at that meeting, it was Fulton who told him that MacLennan had tried to "pick-up" his boyfriend, Raymond Lam. Quinn was not present when Fulton disclosed these information as he had gone to the bar or the toilet. Graham later reported the incident to Quinn, who then related it to Ross. Ross noted it but no action was taken in relation to it. Brooks was on leave at that time.
22.
When Brooks returned from leave on 14 September 1979, he was briefed by Quinn and Graham on what the Unit had done during his absence. Brooks was also informed of the "Raymond Lam Incident". Later on SIU attempted once to interview Raymond Lam at his home but he was not in. Fulton complained about it and no further attempts were made to interview Raymond.
23.
Suggestion had been made to the possibility that Fulton's telephone might have been tapped. The only basis for this suggestion was that both Fulton and Raymond Lam denied having told the SIU or anyone else, of the incident between Raymond Lam and MacLennan. Absolutely no evidence of any kind was produced to support the suggestion, which can best be characterised as a mere speculation.
19
See Transcript page 3443.