19.
5
General Purdon, the Deputy Commissioner of Police in charge of Administration, agreed with Mr. McNutt and Mr. Over. The relevant file was then passed on to the Acting Commissioner of Police, Mr. Henry, who sought the views of Mr. Illingworth, the District Police Commander of the New Territories. By a minute dated 26 October 1978, and based on one social encounter with MacLennan, Illingworth said in effect that he thought MacLennan was a homosexual and that MacLennan's contract should be terminated. He went on to say that in any event he did not wish MacLennan to remain in the New Territories and "local community are aware of this matter and local views remain very puritan in this respect." After considering this minute, Mr. Henry on 28 October decided that steps should be taken to terminate MacLennan's contract. It is not disputed that by an express term of the contract, MacLennan's contract could be lawfully terminated by Government by three months' notice or by one month's salary in lieu of notice. Thus, on Mr. Henry's recommendation, the Civil Service Branch followed normal practice and terminated MacLennan's contract with one month's salary in lieu of notice. It was also decided by the Civil Service Branch that MacLennan would be given oral reasons for the termination.
20.
On 20 November, MacLennan was told of his termination and the reason for it, he protested his innocence and asked for a trial or disciplinary action. It should be noted that at no time did he attribute the termination of his contract to a "frame-up" or to his previous work in 1977 in the Special Branch where he had seen a list of names of suspected homosexuals, some of whom being highly placed. He attributed his plight to David Lau's allegation against him. He was at that time the Prosecuting Inspector at Fanling Magistracy. He therefore sought the help of his Magistrate, Mr. Daniell, who was concerned about MacLennan's claim that no reason for his termination had been given (which was in fact untrue) and that no one was prepared to help. He spoke with Mr. Illingworth, General Purdon and Mr. Rowlands the Secretary for the Civil Service.
21.
The Police reviewed the MacLennan case and came to the conclusion that the decision to terminate MacLennan's contract could not be supported onadetermined appeal. MacLennan was accordingly advised by Mr. Mansell the Senior Staff Officer Personnel of the proper channels for an appeal. By 25th of November, General Purdon, Mr. Blackburn (in charge of Personnel and having just returned from leave) and Mr. Over had discussed the matter and General Purdon decided to recommend MacLennan's reinstatement. By then the Commissioner of Police, Mr. Slevin had also returned from leave and agreed that there was no alternative to reinstatement. Mr. Henry, who had reverted to his substantive post of Deputy Commissioner, was not consulted about the reinstatement.
22.
Parallel with Police decisions, Mr. Rowlands also reviewed the case and concluded that the termination was unfair and should be cancelled.
23.
On 29 November MacLennan was informed that his appeal was under active consideration and on the following day the Civil Service Branch informed the Police that MacLennan was to be reinstated.
24.
Not being aware of the reviews in the Police Force and the Civil Service Branch, Mr. Daniell saw Mrs. Elliott in his chambers and acquainted her with what he knew about the termination of MacLennan's contract. Mrs. Elliott interviewed MacLennan and was told it could be that the Triads were trying to “get at” him. On being asked by Mrs. Elliott what he thought was the reason for the termination, Mr. Daniell replied that MacLennan had been in the Special Branch investigating homosexuals and that he had seen a file with names of very senior police officers in it.
25.
26.
On the same day Mrs. Elliott wrote to the Governor and hinted at a frame-up.
At about the same time Mr. Daniell also contacted Father McGovern and told the Father he thought there had been a frame-up against MacLennan.
27.
The genesis of the "frame-up" theory could therefore be traced to Mr. Daniell. The use of that expression was ill-advised, particularly coming as it did from a judicial officer. Mr. Daniell had no factual basis for his theory.
28.
On receipt of Mrs. Elliott's letter the Governor contacted Mr. Rowlands and General Purdon and was told by them the matter was already under review. The Governor then sent Mrs. Elliott's letter to Rowlands who received it just as the Civil Service Branch was despatching their memorandum to the Police cancelling the termination.
29.
On 1 December 1978 Mr. Blackburn interviewed MacLennan and told him he had been disloyal in seeking help from outside the Police Force. He also asked MacLennan to consider if he was suited to the Police and to carefully weigh in balance the damage that he might have caused to his career. But he stressed that much would depend on his future performance. This warning, though a mild one, gave MacLennan the impression that he had been told by Blackburn that he should not be surprised if he was not to be promoted or that his contract would not be renewed. MacLennan told Mr. Daniell and his friends about his interpretation of what Blackburn said.
30.
On those facts, I find that the investigations into the Yuen Long incident were proper except for the following shortcomings:
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