76
t-up"
(d) Whilst I am prepared to accept that neither Brooks nor Quinn had the intention of inducing Fulton to
MacLennan, they would have realized, had they lent their minds to it, and having regard of Fulton's timorous nature and vulnerable position as a homosexual, that Fulton might have construed what Brooks and Quinn said as an attempt to put pressure (his Counsel Mr. Niamatullah in his final submission described this as a "subtle pressure") on him to arrange a homosexual contact between himself or his friend and MacLennan. The two officers, Brooks more than Quinn, were clearly, at that particular stage, improperly motivated by their resentment of MacLennan.
(e)
Fulton was a young and relatively inexperienced officer. He was handled with some severity by Brooks and Quinn, who would probably not have behaved so had it not been for the fact that their informer was a police officer junior in rank to themselves.
37. In passing, it should be noted that no notes were made by any of the SIU officers of their meetings with Fulton. One exception was Superintendent Merritt's meeting with Fulton after MacLennan's death. Merritt made a note after the meeting.
F.
THE EMERGENCE OF PETER
38. Peter is one of the male prostitutes who gave statements to SIU admitting homosexual offences involving MacLennan. In fact, Peter was the first male prostitute interviewed by the SIU and his evidence led to the targetting of MacLennan by the SIU. I shall set out below how Peter emerged and came to the notice of the SIU, and shall deal with Peter's evidence in Section J: "The Evidence Against MacLennan”.
39.
Peter's name came to the notice of the SIU through Detective Constable Liu Man, a former member of the SIU. Liu Man was posted to the SIU in September 1978 but was soon transferred out of the Unit in December 1978. The reasons of his transfer were because allegations had been made that (a) he was relaying information to homosexuals in the Dateline Bar regarding SIU undercover activities and (b) he was alleged to have had a homosexual relationship with a Chinese male in Yau Ma Tei or Tsim Sha Tsui. Liu Man was interviewed by Quinn, and he denied these allegations. Liu Man denied having divulged any information and said he was drunk. He also said that he was married with two children. He said that it was a vendetta by the homosexual crowd in Tsim Sha Tsui. After discussing the matter with Brooks, Quinn gave the benefit of doubt to Liu Man and accepted that it might be a malicious complaint. However, they considered they could not afford to have anyone in the SIU suspected of being a homosexual and hence Liu Man was transferred back to the Kowloon City Division where he had originally come from.
40.
A month or so after Liu Man left the SIU, Quinn saw him on several occasions drinking in Bars at Tsim Sha Tsui normally frequented by Europeans. Quinn told Liu Man to let him know if he had any information on "what is going on in Tsim Sha Tsui". Liu Man said he knew nothing as he was not involved in the homosexual field. Quinn then asked Liu Man to go to see him if he discover anything in respect of homosexuals, especially procuring.
41. It is clear from Inspector Tin Chat-Man's notebook (see Exhibit No. B124) that Liu Man was the subject of SIU enquiries in the early part of September 1979. Tin was gathering information from informers about Liu Man's homosexuality. The entry of 2 September 1979 in Tin's notebook recorded the allegation that a detective "solicited a young fellow . . . to go to bed with him." Two days later, the informers identified that "detective" as Liu Man. On 7 September 1979, further information about Liu Man was received from informers.
42.
Sometime later (in September 1979), Liu Man was interviewed by Quinn at the SIU office. Tin was also present as an interpreter. Quinn confronted Liu Man with the information contained in Tin's notebook. Liu Man was close to tears and talked about a vendetta, saying he was married with two young children. I accept Quinn's evidence that he had not threatened Liu Man but merely put pressure on him to come up with information.
43.
Two weeks later, Liu Man produced Peter's name to Tin. Liu Man's account of what had transpired in these two weeks differs significantly from that of Peter. Having heard their evidence, I am of the view that Liu Man's account was highly improbable, and some of his answers were evasive. I had no hesitation in rejecting his evidence in toto. I accept Peter's evidence relating to his relationship with Liu Man and Liu's approach to him for information. I am fully and painfully aware of the dire consequences that will befall the unfortunate Constable's career and personal life upon my findings. The following paragraphs are based on Peter's evidence on what had happened, which I accept as substantially
true.
44.
Peter came to know Liu Man ten years ago at the age of 15 and they developed a homosexual relationship. In 1975, Peter became a male prostitute operating in the Tsim Sha Tsui area. It appeared that in or about 1974, Peter's relationship with Liu Man ceased. In 1976, they resumed their homosexual relationship.
45.
In September 1979 (probably after Liu's interview with Quinn), Liu telephoned Peter and arranged to meet him for tea. While they were having tea, Liu said to Peter, "I have known you for a long time. I am in trouble." He then