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Appendix 7
JOHN RICHARD DUFFY
John Richard Duffy, formerly a practising Solicitor in Hong Kong, who for the greater part of 1979 and 1980 was incarcerated for homosexual offences at Stanley Prison, was one of many potential Witnesses/informants whom the Commission wished to interview to see whether they had anything of relevance to say which could assist the Commission. Mr. Duffy was visited twice in Stanley Prison by representatives of the Commission on 18 September 1980, and 16 October 1980, respectively. Lengthy Notes of Interview were taken at each of those meetings.
2.
The Commission did not serve a Subpoena on Mr. Duffy, whilst he was in prison, primarily for two reasons. Firstly, Mr. Duffy had always expressed to the Commission his willingness to co-operate with the Commission, and he indicated that he would provide the Commission with a Statement once the Commission had considered what aspects of his discussions with them, if any, were relevant to this Inquiry. Mr. Duffy suggested that such a Statement could be given after his release from prison, and the Commission were provided with details of the persons with whom they should make contact, if Mr. Duffy were absent from the Colony. Secondly, by the time of Mr. Duffy's release from prison, the Commission had not yet had the opportunity to consider in full all the material before them, and had not then made the decision whether what Mr. Duffy had said was of sufficient relevance to warrant his being called as a Witness. It was only following the Commission's further investigations, which continued to take place after Mr. Duffy's release from prison, that it became apparent to the Commission that it would be highly desirable to have Mr. Duffy called as a Witness to give evidence, and accordingly to have him subpoenaed.
3.
On 27 October 1980, some two days after Mr. Duffy's release from prison, the Commission first learnt, through a contact of Mr. Duffy's, that Mr. Duffy had departed for Bangkok, immediately upon his release from Stanley Prison, but that he would be returning to Hong Kong in early November. Thereafter, the Commission were advised by this same contact of Mr. Duffy's (a Mr. Peter Wong on 5-754416), that Mr. Duffy had decided not to return to Hong Kong, but to go to the United Kingdom. The Commission were told by Mr. Wong (who told the Commission that Mr. Duffy was in direct contact with him from time to time) that Mr. Duffy did not intend to return to Hong Kong until at least 10 January 1981.
4.
During the months of November and December 1980, the Commission made several attempts to contact Mr. Duffy. The Commission continued to telephone Mr. Wong, and they also spoke with a Miss Grace Lee on 5-265575. Miss Lee was the person whom Mr. Duffy had earlier referred the Commission to, whilst he was in prison, as being a "Secretary" at his Office, who would relay messages for him. The Commission subsequently ascertained that Miss Lee's Office was at 806 Swire House, and there was an association between the Office (Addinall Investments Limited) and Mr. Duffy's Office in Taiwan. The Commission also wrote, and telexed, Mr. Wong, with messages to be conveyed to Mr. Duffy. It proved most difficult, however, for the Commission to make contact with Mr. Duffy, and the Commission's attempts were largely unsuccessful, apart from one reply telex sent to the Commission's Solicitors by Mr. Duffy from Taiwan on 4 December 1980. As a result of having received this telex, which it transpired had been sent from Mr. Duffy's place of business in Taiwan, the Commission subsequently sent further communications to Mr. Duffy direct to Taiwan.
5.
The telex previously referred to, was the only occasion, from the date of Mr. Duffy's release from Stanley Prison, until 5 January 1981, when the Commission attempted to serve upon him personally a Subpoena at Kai Tak Airport, that Mr. Duffy contacted the Commission of his own volition. This telex laid down certain pre-conditions before Mr. Duffy would return to Hong Kong to be interviewed by the Commission. These included an undertaking by the Commission that he would not be subpoenaed, or obliged to testify, unless he was willing to do so.
6.
On or about this time, the Commission were also told by Mr. Howard Lindsay, ex Crown Counsel, who had arrived in Hong Kong to give his evidence before the Commission, that he believed Mr. Duffy had been paying recent fleeting visits to Hong Kong, but was making no effort to contact the Commission. Mr. Gordon Huthart of "Disco Disco", himself at that time a potential Witness before the Commission, also confirmed that, when speaking with one of the Commission's representatives. Based on Mr. Duffy's conduct described in paragraph 5 above, reinforced by what the Commission had been told by the above two persons mentioned, who knew Mr. Duffy, the Commission came to the conclusion that Mr. Duffy was deliberately attempting to avoid making contact with them, and that he was endeavouring to avoid giving evidence before the Commission. Mr. Duffy accordingly, on the instructions of the Commission, was placed on the "watch list" at Kai Tak Airport on 10 Decembr 1980. The Commission's conclusions were further confirmed when the Commission were informed by the Immigration Department Airport Duty Officer at Kai Tak, that Mr. Duffy had passed through the Immigration Check Point on that same day, bound for Bangkok.
7.
On 18 December 1980, Miss Grace Lee telephoned the Commission advising them that Mr. Duffy had been in contact with her, and she had been asked by Mr. Duffy to pass word to the Commission that he was not deliberately trying to avoid the Commission. On account of the adjournment over the Christmas and New Year holiday period,