245

MR. CLANCY'S INTERVIEW WITH INSPECTOR FULTON

Appendix 21

At the end of September or early October 1979, Mr. Clancy was informed by Superintendent Brooks that the SIU had asked Inspector Fulton to develop a friendship or close relationship with Inspector MacLennan.1 The initiative came from Superintendent Brooks.2 Mr. Clancy did not disagree with it.3 Superintendent Brooks explained to Mr. Clancy that he had a particular interest in Inspector MacLennan since in early or mid-August Inspector MacLennan had made a homosexual advance to Inspector Fulton's boy friend whom Mr. Clancy described as his “houseboy” and had also been seen in bars and areas in Tsim Sha Tsui known to be homosexual haunts.4

2.

Previous to late September, Mr. Clancy had already seen the Yuen Long file. His assessment was that Superintendent Brooks might have "linked the Yuen Long incident with the subsequent reports concerning the Ho Man Tin allegation and the information which was received in relation to the Tsim Sha Tsui matters.

"5 Whilst Mr. Clancy himself did not attach much importance to this information, it occurred to him that "there was a link-in certainly.”

3.

"16

When Mr. Clancy got Inspector Fulton's memorandum of 10 October 1979, Mr. Clancy asked the Inspector's Formation Commander Superintendent Merritt whether he knew the nature of the subject which Inspector Fulton wanted to discuss with the Commissioner of Police and Superintendent Merritt replied that it was in relation to his meetings with the SIU. Mr. Clancy could not recall asking Superintendent Brooks or Chief Inspector Quinn at their daily briefings as to why Inspector Fulton wanted to see the Commissioner of Police or what the trouble was. That was the only briefing that Mr. Clancy had prior to seeing Inspector Fulton. Mr. Clancy then asked Superintendent Merritt to speak to Inspector Fulton and ask him whether or not he would like to discuss the matter with him or whether he wanted to go directly to the Commissioner of Police. At Mr. Clancy's meeting with Superintendent Merritt, nothing was said about Inspector Fulton's allegation of a frame up. It is normal practice in the Police for a major Formation Commander to initially interview anybody who has asked for an interview with the Commissioner of Police but he has the right to go directly to the Commissioner if he feels that he should do so.9

4.

8

Mr. Clancy asked Inspector Fulton what was his purpose of wanting to see the Commissioner and he said that he wanted to speak to him about his relationship with the SIU, that he had been providing information in relation to homosexual matters to the SIU and that it was causing him some inconvenience. Inspector Fulton said it was interfering to some extent with his free time, that it was outside his charter, and that he felt it was not really a matter that he should be specifically tasked on by the SIU. He said he had his own duties to perform and they were full time. He was particularly concerned that his apparent reluctance to continue his association with the SIU would have an adverse effect on his career prospects within the Force.

5.

Mr. Clancy told him that so far as he was concerned he would brief the SIU that Inspector Fulton was not to be tasked again outside his own charter except with Mr. Clancy's consent and Inspector Fulton seemed to be reasonably happy. Then Mr. Clancy asked Inspector Fulton whether he still wanted to see the Commissioner of Police and he said he would not pursue his request to see the Commissioner. 10

6.

As Inspector Fulton was concerned about his career, Mr. Clancy told him he could see no reason why this should have a bearing on his career. In order to ensure that Inspector Fulton's future career in the Police Force be not jeopardized, Mr. Clancy made a record to this effect in Inspector Fulton's personal file which was later read over to Inspector Fulton. The notes reads:-

"Today at his own request I interviewed Mr. Fulton who had asked also for an interview with the Commissioner of Police. He indicated that he was concerned about information concerning certain unlawful activities which he had been passing on to SIU CID HQ. He said that he felt that he was being pressed to undertake activities which he thought were outside his own particular duties. He acknowledged that he had a responsibility as a Police Officer to provide information on unlawful activities and would continue to do so. I undertake to clear up any misunderstanding or ambiguity with the Superintendent of Police in charge of the SIU, and have done so. Mr. Fulton expressed concern about his future prospect in the Force. I informed him that his record reflects that he is a well educated intelligent Police Officer and I had no reason to believe that his future in the Force would be other than bright. Mr. Fulton then indicated that he did not wish to pursue the issue of an interview with Commissioner of Police."

1 See Transcript pages 9174-9175 & 9236–9237.

2

See Transcript page 9238.

3 See Transcript page 9177.

4

See Transcript pages 9175-9176.

5

See Transcript pages 9176-9177.

6 See Transcript page 9177.

7 See Transcript page 9335.

8 See Transcript page 9332.

9 See Transcript page 9173.

10

Sce Transcript pages 9178-9179.

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