3

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357

CONFIDENTIAL COMPLAINT RECEIVED

6.

Mr. TSANG Shing, a retired Police Station Sergeant in 1978 will state that he made a report to Yuen Long Police Station in August 1978 to the effect that the deceased had made an attempted homosexual advance on a friend of his son named David LAU Wai-tong aged 18 years in the Single Inspectors quarters of Yuen Long Police Station in Mid July 1978. Mr. N. Rich, Chief Inspector of Police, then attached to CID HQ (Interpol) will state that he was tasked with investigating the alleged offence. The results of the investigation are contained in file YL/XRB 5828/78 of CID YL. Mr. Rich will state that the deceased vehemently denied the allegation. He will further state that the file was submitted to the Director of Criminal Investigations, Mr. R.E. Quine who will state that on 12.9.78 he referred the file to the Acting Director of Public Prosecutions Mr. E.R. Astin. Mr. Astin advised that there was a prima facie case against the deceased of an attempt to procure the commission of an act of gross indecency contrary to section 51 of Cap. 212. However, he said that as the alleged victim of the alleged offence had probably returned to Scotland by that time and as the victim's evidence would be vital to the prosecution, no prosecution could be instituted against the deceased without the victim.

7.

As a result of this advice from the Acting Director of Public Prosecutions Mr. Quine will state that on 5.10.78 he instructed that no useful purpose would be served by further pursuing the matter as a criminal case.

TERMINATION OF CONTRACT

8.

The matter, however, of disciplinary proceedings against the deceased was brought up by Mr. Quine and on 17.10.78 the file was then passed to Mr. Over, Senior Assistant Commissioner of Police. Mr. Over will state that he examined the file and came to the conclusion that the evidence was insufficient to prosecute the deceased. He nevertheless recommended that the deceased should be given strong advice by his District Commander, that a close eye be kept on him and that serious consideration be given to terminating his contract when it expired in September 1980.

9.

The comments of the deceased's District Commander, Mr. M.C. Illingworth, Assistant Commissioner of Police were then sought. Mr. Illingworth will state that he had not been impressed by the deceased when he first met him. He thought that the deceased was a homosexual and that he discussed this with the Divisional Superintendent of Yuen Long Mr. E. Common. He will further state that he recommended the services of the deceased be terminated. On 28.10.78 the Acting Commissioner of Police Mr. Roy Henry decided that the deceased's services should be terminated.

CONFIDENTIAL

REINSTATEMENT

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