}
1
For discussion
on 25th March 1981
SECRET
XCS (81)4 Copy No
•
77
of 20
D
A
B
C
Introduction
MEMORANDUM FOR EXECUTIVE COUNCIL
COMMISSION OF INQUIRY TO ESTABLISH
THE CIRCUMSTANCES OF THE DEATH OF INSPECTOR JOHN MACLENNAN FORMERLY OF THE ROYAL HONG KONG POLICE FORCE
HKCK 3801
RECEIVED IN RSSITY NO. 51 O & APR 1981
Beton Taken
Mr Clift
(has seen)
On the 8th July 1980 affer discussing at the Governor's request, allegations which were continuing to appear in the Press arising out of the death of Inspector MacLennan, Member's advised and the Governor ordered that a Judicial Inquiry under the Commissions of Ingpiry Ordinance (Chapter 86) should be appointed. An extract from the minute's of that meeting is at Annex A.
2
The Governor stated that he proposed to appoint the Hon Mr Justice Yang to conduct the Inquiry. A copy of the terms of reference of the Commission, dated 9th July 1980 is at Annex B.
3
By letter dated 4th March 1981,addressed to the Chief Secretary, the Commissioner has now requested a specific and additional authority to append to his Report his findings on any defects in the system of operation of the Special Investigation Unit involving breaches of Police General Orders since 14th August 1978. A copy of this letter is at Annex C. The Crown Solicitor has advised that such additional authority, affecting as it does the subject of the inquiry, is by virtue of section 3 of Chapter 86 a matter for the Governor in Council. It is for this reason that the request is referred to this Council.
4
The Commission began its hearings on 11th August 1980 and it was originally estimated that its public hearings would be completed within 60 days. Unfortunately the Commissioner's counsel, Mr Nelligan, became seriously ill shortly thereafter and on 22nd August the hearings had to be adjourned. Because of his ill-health Mr Nelligan was forced to withdraw. He returned to England and on 29th August 1980 he was replaced as counsel by Mr J. C. Beveridge 2C. The Commission did not re-commence its hearings until 29th October 1980 when it began "de novo" notwithstanding the fact that evidence of 26 witnesses had already been taken. The original estimate of 60 days for completion has now been extended by the Commission on at least 5 occasions. The most recent public announcement on the question of the anticipated date for the completion of the proceedings is the end of March 1981, but it is estimated that at the current rate of progress they are likely to extend beyond the end of June 1981. The Legislative Council Chambers are booked for the hearings until June 1981.
5
One reason for the delay in completion of the Inquiry is that its scope since its re-commencement in October 1980 has broadened for reasons, and by means, set out in paragraph 3(b) and summarised on page 10 of the paper at Annex D. As one example, the Commission has examined in detail,
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