TNAG-0937-FCO40-1156-Visits-of-Sir-Murray-MacLehose--Governor-of-Hong-Kong--to-th-1980 — Page 138

CONFIDENTIAL

GPS 700

CONFIDENTIAL

FM HONG KONG 030917Z JUL 80

TO IMMEDIATE FCO

TELEGRAM NUMBER 869 OF 8 JULY

INFO IMMEDIATE HONG KONG GOVT OFFICE LONDON

YOUR TELNO 542: MACLENNAN CASE.

TOP COM

1. EXCO TODAY ADVISED ON A JUDICIAL ENQUIRY. IT WILL BE ANNOUNCED

IN LEGCO ON WEDNESDAY 9 JULY AT ABOUT Ø800 UK TIME. JUSTICE TL YANG WILL BE THE SOLE COMMISSIONER. TERMS OF REFERENCE AS FOLLOWS:

HAVING REGARD TO:

CONTINUING ALLEGATIONS AS TO THE CIRCUMSTANCES SURROUNDING THE DEATH OF INSPECTOR MACLENNAN, AND THE ENQUIRIES PRECEDING IT, AND TO THE FACT THAT INVESTIGATIONS BY THE COMPLAINTS AGAINST THE POLICE OFFICE INTO SOME OF THE ALLEGATIONS HAVE JUST BEEN COMPLETED,

AND TO THE CONFUSION IN THE PUBLIC MIND CREATED BY THESE ALLEGATIONS, WHICH MAKES 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 MAY BE CLEARED AS WELL AS ANY BLAME APPORTIONED.

TO CONDUCT AN INQUIRY INTO:

(A) 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,

(B) WHAT OFFICIAL INVESTIGATIONS IMMEDIATELY AFTER THE DEATH OF

INSPECTOR MACLENNAN WERE CONDUCTED, WHETHER THERE WERE ANY SHORTCOMING IN THEM, AND IF SO WHAT CONCLUSIONS YOU DRAW AS TO THE

REASON FOR THESE SHORTCOMINGS:

(C) 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:

(D) WHAT INVESTIGATIONED OR ENQUIRES (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: (E) WHETHER THE INVESTIGATIONS AND ENQUIRIES UNDER (B), (C) AND (D) WERE PROPERLY MOTIVATED:

AND TO FURNISH A REPORT.

MACLEHOSE

FILES

HK & GD

NEWS D

PS/MR BLAKER

PS/PUS

SIR E YOUDE

LEGAL ADVISERS (MR RUSHFORD)

CONFIDENTIAL

: