83
95.
Peter. He is 25 years old and a self-confessed male prostitute. His evidence lasted about six days. He was often wrong on dates, and he could only remember vaguely the year in which an incident occurred. Inspite of lies and embellishments, I am satisfied that his evidence is substantially true. I find the following facts proved.
96.
Peter was first introduced to homosexual conduct at the age of 13. At 15, he came to know a Police Detective Constable, Liu Man, and developed a homosexual relationship with him. (For his association with Liu, see Section F above). In 1975, Peter became a male prostitute operating in the Tsim Sha Tsui area.
97. In 1976, Peter first met MacLennan and performed oral sex and masturbation for MacLennan in the Holiday Inn Hotel. MacLennan paid Peter $100. In 1977, Peter masturbated MacLennan at the Lee Gardens Hotel; $80 was paid. Two weeks later, masturbation and oral sex took place again at the Lee Gardens Hotel, for which $50 was paid. Still later, similar homosexual activities took place, and again $50 was paid. A year later, they met again, this time in MacLennan's flat at the Ho Man Tin Government Service Flats. On this occasion, Peter performed oral sex on MacLennan and allowed MacLennan to bugger him; $50 was paid. On the same occasion, MacLennan gave his telephone number to Peter, which he correctly remembered as Kowloon -035107. There was a second visit by Peter to MacLennan's Ho Man Tin Flat where oral sex and masturbation took place and again $50 was paid. During Peter's third visit to MacLennan's flat, oral sex and masturbation again took place and MacLennan also buggered Peter. $50 was paid. During his fourth visit, Peter allowed himself to be buggered by MacLennan for $50. A fifth visit followed, and Peter was paid $30 for oral sex and masturbation. Peter's sixth visit to MacLennan's flat was in June or July 1979. On this occasion, MacLennan buggered Peter for $20. To Peter, MacLennan was not just an ordinary customer, but also a friend. Peter considered MacLennan young and good looking, and he liked him, which explained why he was prepared to accept small sums for his homosexual services.
98. About a month or so after this last visit, Peter took a friend, Alan (who was not a full time prostitute) to MacLennan's flat. Alan spent the night with MacLennan.
99.
Soon after Peter had introduced Alan to MacLennan (it would be August or September 1979), Liu Man telephoned Peter and asked him out for tea. It was through Liu Man that the SIU became aware of Peter and took a statement from him. I have already dealt with this aspect of Peter's evidence in section F.
100.
On 9 December 1979, Peter, Jimmy and Eddie went to Logan's flat and there they were arrested by the SIU for blackmailing Logan. The male prostitutes involved in the blackmail of Logan alleged that they were assaulted by MacKillop for going to Logan's flat. Having considered all the relevant evidence, I give MacKillop the benefit of doubt and disregard the evidence of assault.
101. Jimmy. He is 25 years old and is married with one child. He is bisexual and a self-confessed male prostitute. His evidence took three and a half days. He too was subjected to very searching cross-examinations. He answered Counsel's questions frankly and directly, and I had the distinct impression that inspite of numerous contradictions, particularly on dates, he was trying to be truthful. His evidence of his meeting with MacLennan is supported by a card on which he had written the Inspector's telephone number. I have no reason to suspect the authenticity of this entry.
102.
Sometime in 1979 (it is not certain exactly when), Bobby introduced Jimmy to MacLennan at Tsim Sha Tsui Pier; MacLennan took Jimmy to his Ho Man Tin Flat where he buggered Jimmy. Jimmy also masturbated MacLennan. Sometime later in 1979, buggery took place again in the Inspector's flat. Still later, Jimmy again visited MacLennan at Ho Man Tin where mutual masturbation took place.
103.
In November 1979, a group of officers from the SIU took Jimmy to see Inspector Tin, who asked him about "John". Jimmy was unwilling to incriminate MacLennan, since he considered the Inspector his friend, and he "wanted to protect John". Then Tin said to Jimmy, "If you don't co-operate with us, we can have you charged at any time.” Tin also asked Jimmy to co-operate with him and he let Jimmy know that he already knew a lot about Jimmy and John. Because of what Tin said, Jimmy gave a statement to the Police admitting homosexual connexions with John.
104.
In December 1979, Jimmy visited MacLennan at the latter's flat and warned the Inspector that he had been to the SIU and given a statement. This visit was brought to the knowledge of Sergeant Leung Sze-piu of the SIU by Peter. Jimmy was then summoned to the SIU where Leung delivered a fist blow on Jimmy's chest, saying that he had been warned not to go to MacLennan's place. He warned Jimmy not to tell anyone that he had given a statement to the SIU saying that if the male prostitutes should tell others then the SIU would not be responsible for what might happen to them, "including being chopped to death." Tin said to Jimmy, "We are protecting you so you can do business in Tsim Sha Tsui? How could you have done such things to us in return?"
105.
Late in December, Jimmy, Peter and one Eddie were arrested by the SIU officers at Colin Logan's flat and charged with blackmailing Logan.