COMMISSION OF INQUIRY INTO THE DEATH OF THE LATE INSPECTOR JOHN MACLENNAN

Ruling by The Commissioner on the Cross-Examination of Mr. Henry

Annex E

During the course of this Inquiry, frequent reference

has been made to the suggestion that the Commissioner of Police,

Mr. Roy Henry, may be, or has been, a practising homosexual. I

have repeatedly indicated that, unless there is successful arguement

to the contrary, or new factors arise, I take the issue as to whether,

or not, Mr. Henry, is, or has been, a homosexual, practising or

otherwise, to be irrelevant to the Terms of Reference..

To date, no

one has addressed to me submissions designed to cause me to change

that view and no factors have arisen which cause me to do so.

Leading Counsel to the Commission has, however, invited

my attention to the possibility that it may be relevant to ask

Mr. Henry questions about matters connected with his homosexuality,

during the course of the Commission's inquiry into his motives in

advising at the time of what is known as the Yuen Long incident

that Inspector MacLennan's contract of service with the Royal Hong

Kong Police Force be terminated.

Having given the most anxious and careful consideration to

Counsel's submissions, I am satisfied that it would be wrong for me

to stop cross-examination of Mr. Henry properly directed to the

specific purpose contemplated, assuming the necessary material to be

available to Counsel and assuming that Counsel seeking to cross-

examine Mr. Henry have the locus standi to do so.

Fa. zang

T.L. Yang 16.3.1931

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