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CONFIDENTIAL
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(D) METHODOLOGY
1.
The examination followed conventional police methods of enquiry by interviewing persons who are in possession of, or can give accounts of facts relating to the issues. A total of thirty witness statements were recorded. Based on the information in some of these statements, certain observations will be made.
(E) THE LATE INSPECTOR JOHN RICHARD MACLENNAN
1.
It is pertinent to make some introductory reference to the case background surrounding the late Inspector MacLennan, and the circumstances leading to the proposed arrest action against him. In 1978 Inspector MacLennan was the subject of a complaint of Gross Indecency towards a Chinese youth in the Officers' Mess at Yuen Long Police Station. The police investigation into that complaint did not result in a criminal prosecution against Inspector MacLennan, due mainly, to the non-availability of the main witness, the Chinese youth, who had left Hong Kong. However, MacLennan's service with the police was terminated. He contested the termination which was
later rescinded. On reinstatement, he was transferred to Kowloon City Division.
2.
In August 1979, MacLennan came to the notice of the Special Investigation Unit, C.I.D. Headquarters, together with that of another government servant. They were both involved with a group of male prostitutues. Investigations were carried out and the case files were submitted to the Legal Department for consideration. Legal advice was that both MacLennan and the government servant were to be arrested and charged.
3.
Emphasis is made that the case against MacLennan had no connection with the complaint against him in 1978.
(F) SUMMARY OF EVENTS
1.
The criminal case against MacLennan was submitted to the Legal Department for consideration together with that against the other govemment officer some time in late 1979. The decision was to charge both criminally. The government officer was charged first. After the case had been concluded, it was discovered that he had been the subject of blackmail by five male prostitutes, some of whom were potential witnesses in the case against MacLennan. This information resulted in the prosecution of these five persons. This fact together with the MacLennan case file were re-submitted to the Legal Department for further consideration. And on the 3rd January 1980, legal advice was given to the arrest of McLennan on eight counts of Gross Indecency.
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