CONFIDENTIAL # #
For discussion
n(1st September 1981
MEMORANDUM FOR EXECUTIVE COUN
XCC(81)97
Copy No
HIIZ
30.40
38011
VID *! PASTRY NO. 51
16 SFP 1981
45+7OMMISSION OF INQUIRY INTO THE
DEATH OF INSPECTOR JOHN MACLENNANSK
to cez pares 45+7 ho
Jischian "h
179
No
OFFICER
PA
66. E.
18/9
FLOS RY
Action Takea
Pan A
On 8th July 1980, Members considered the Governor's proposal to appoint a Judicial Inquiry into the death of the late Police Inspector John MacLennan. This proposal was made having regard to continuing allegations as to the circumstances surrounding the death of Inspector MacLennan, and the enquiries preceding it, to the fact that investigations by the Complaints Against the Police Office into some of the allegations had just been completed, and to the confusion in the public mind created by these allegations, which made it desirable to adopt new measures to establish the circumstances of the Inspector's death and related issues both in the public interest and so that innocent parties might be cleared as well as any blame apportioned. In the event, Members advised and the Governor ordered that a Commission of Inquiry be established under the Commissions of Inquiry Ordinance (Chapter 86). Subsequently, in exercise of the powers conferred on him by Section 2 of that Ordinance, the Governor in Council appointed the Honourable
Mr. Justice T. L. Yang, Judge of the High Court of Justice (now a Justice of Appeal) as Commissioner (hereinafter referred to as "the Commission") to inquire into the following matters, which formed the terms of reference of the Commission:
(a)
(b)
(c)
(d)
(e)
whether, in the light of all the evidence available and any additional enquiries you make, there are good grounds for believing the death of Inspector MacLennan was other than suicide and what conclusions you draw;
what official investigations immediately after the death of Inspector MacLennan were conducted, whether there were any shortcomings in them and if so what conclusions you draw as to the reason for these shortcomings;
whether the charges which were about to be preferred against him on the day of his death were properly brought, and whether on evidence properly obtained;
what investigations or enquiries (other than those resulting in the charges at (c)) were conducted regarding Inspector MacLennan, whether they were conducted with propriety, and what bearing, if any, they had on Inspector MacLennan's death; and
whether the investigations and enquiries under (b), (c) and (d) were properly motivated.
The Commission was to submit its report to the Governor.
G.S. 166
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