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SUPERINTENDENT MERRITT'S EVIDENCE ON INSPECTOR FULTON
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When Inspector Fulton joined the CIB in January 1979, Superintendent Merritt was second in command in the CIB, but Inspector Fulton was then working under another Superintendent in the Research and Analysis Division in the CIB. Within a few weeks of Inspector Fulton joining the CIB, Superintendent Merritt heard rumours that Inspector Fulton was a homosexual. Superintendent Merritt told Senior Superintendent Clemence, then in charge of the CIB. Both Superintendent Merritt and Superintendent Clemence felt Inspector Fulton should not stay on in the CIB. Super- intendent Clemence spoke to Chief Superintendent Ross of the Special Operations Group, CID. The SIU also came under Chief Superintendent Ross. The ultimate decision was that Inspector Fulton should stay on in the CIB since he was helping the SIU.
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Superintendent Merritt also spoke with Inspector Fulton.
In the morning of 11 October 1979, Superintendent Merritt received Inspector Fulton's memo handed in by Inspector McDaid, saying Inspector Fulton sought an interview with the Commissioner of Police. Superintendent Merritt got Inspector Fulton to telephone him. Over the telephone Inspector Fulton said he had been helping the SIU, and the SIU did not believe him. Inspector Fulton asked Superintendent Merritt if he knew he was a homosexual. Superintendent Merritt said yes. Inspector Fulton wondered if he was going to be charged. Inspector Fulton indicated that he was under a lot of pressure from the SIU. Superintendent Merritt asked Inspector Fulton if he wanted to "get the SIU off" his back and Inspector Fulton said yes. After the telephone conversation Superintendent Merritt saw Mr. Clancy; Mr. Clancy already knew Inspector Fulton wanted to see the Commissioner of Police. Superintendent Merritt told Mr. Clancy roughly what had been said over the telephone and said the SIU should "get off' Inspector Fulton's back. Superintendent Merritt also said if the SIU wanted to see Inspector Fulton, they should ask Superintendent Merritt first as Superintendent Merritt was Inspector Fulton's boss. Mr. Clancy said he would see Inspector Fulton. An arrangement was then made for Inspector Fulton to see Mr. Clancy at 4.30 p.m. the same day. Before seeing Mr. Clancy, Inspector Fulton was told by Superintendent Merritt to call in to see Superintendent Merritt first at about 4.15 p.m., which Inspector Fulton did. During the meeting with Superintendent Merritt, Inspector Fulton discussed roughly the same matters as they had discussed in the morning. Inspector Fulton said that the SIU had been ringing him up at various hours for a meeting, that they did not believe him, though he tried to be as frank as possible. Inspector Fulton provided no details to Superintendent Merritt as to what the SIU wanted Inspector Fulton to do, except that they wanted Inspector Fulton to give information concerning the homosexual community in Hong Kong, including names of those who were government servants. Inspector Fulton was worried about his personal problem of being homosexual as well as the pressure which he said was being brought to bear on him by the SIU.
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After seeing Mr. Clancy, Inspector Fulton told Superintendent Merritt that Mr. Clancy had said if the SIU wanted to see Inspector Fulton, they would do it through Superintendent Merritt. Inspector Fulton said he was satisfied for the time being. Superintendent Merritt said Inspector Fulton still could see the Commissioner of Police if he wanted to but if Mr. Clancy had taken care of the matter then there was no point in bothering the Commissioner of Police. In fact the SIU never approached Inspector Fulton again after 11 October 1979.
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Towards the end of October 1979, Mr. Clancy told Superintendent Merritt about a rumour that a police officer was considering taking a private action against another police officer. Superintendent Merritt, guessing that it was Inspector Fulton, therefore saw Inspector Fulton. Inspector Fulton said he was considering a writ against Superintendent Brooks (or perhaps also Chief Inspector Quinn) for intimidation. Inspector Fulton could not remember the exact words used by Superintendent Brooks which he thought constituted intimidation, but said that the SIU had not believed him and that if Inspector Fulton did not tell all he knew he would be charged with homosexual offences. Inspector Fulton could not be more specific. Superintendent Merritt thought that did not amount to intimidation though those words might be frightening, particularly since Inspector Fulton was a sensitive man and, being homosexually inclined, was in a vulnerable position. If Inspector Fulton was continuing to commit homosexual offences, and if he had evidence of other people committing similar offences, he should impart such information in order to get the SIU off his back—this was the situation in which Inspector Fulton found himself. "Give us information-you're all right. If you withhold information-you're not!" Superintendent Merritt thought this was some form of intimidation though not criminal intimidation.
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If Inspector Fulton had been asked to produce a homosexual friend and introduce him to Inspector MacLennan, not to encourage any crime but just simply to observe what happened, Superintendent Merritt would not have thought it improper, but he would tell Inspector Fulton to "stay out of this". "I would not have let him carry on with SIU or done anything whatsoever, its a very dangerous situation.”
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1 See Transcript page 4955.