TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 158

CONFIDENTIAL

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MACLENNAN CASE

Position

: 30 year old Police Inspector, John MacLennan was found dead with five bullet wounds in him on January 15, 1980, hours before he was to be arrested on eight charges of gross indecency. Police ruled out foul play but at the end of an inquest on March 12, the jury returned an open verdict despite direction from the coroner that a suicide verdict would be the most appropriate. Subsequently, there was mounting pressure, mainly from Mrs Elsie Elliott, on the Attorney-General to re-open the inquest or start an inquiry. At a press conference on May 23, the AG announced that he would not re-open the inquest and said he was satisfied that MacLennan committed suicide. All the critics, including the Press, were dissatisfied and would not agree to closing the case. It took a new turn when the foreman of the jury, Mr Tony Pannell wrote to the SCMP questioning the AG's suicide conclusion. In response, the AG said that in addition to the depositions at the inquest he had also read the statements of some 40 other witnesses whom the coroner did not call. Having considered all the evidence he was completely satisfied that evidence of suicide was overwhelming. This did not have effect on demands for a new inquiry, which were accompanied by allegations of mishandling of the case by the Special Investigation Unit of the Police, set up to probe homosexual offences. Meanwhile Mrs Elliott continued her campaign to open a second inquiry and at a press conference on June 18 accused the SIU of 'setting up' MacLennan. She quoted former Crown Counsel Howard Lindsay (acquitted in a past homosexual case), saying that SIU asked a European inspector to introduce boys to MacLennan. She said the AG knew about this before MacLennan's death but did nothing. She also named the Commissioner of Police as one of those responsible for hounding MacLennan. In an open statement, the AG replied that it was not feasible for lawyers to conduct investigations. This was a task for policemen. He also asked her to produce actual evidence and not gossip and rumour in her allegations of homosexual offences by 'frighteningly high-ranking members of the Police and Judiciary'. The identity of the inspector asked to 'set up' MacLennan was revealed by Howard Lindsay in a letter to the papers on July 1 as Michael Fulton. Sr Inspector Fulton a few days later made a public statement confirming he was asked to 'set up' (not frame up' MacLennan) by the SIU. This precipitated matters. Foreman of the jury asked the AG to resign. The chairman of the HK branch of Justice, Mr Ian MacCallum called for a full inquiry. On July 10, the AG announced in LegCo the setting up of a commission of inquiry headed by Mr Justice T.L. Yang to look into the circumstances surrounding MacLennan's death. The inquiry started on July 24, 1980 and ended on June 2, 1981. Its proceedings were followed closely by the SCMP, HK Standard and RTHK, otherwise there was not much press or public interest. Altogether 110 witnesses were called, 57 statements were read out, and 17 parties were represented by counsel. The cost of the inquiry was expected to be $15 $18 million. Towards its close, Counsel for the Crown

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CONFIDENTIAL