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CHAPTER 1
INTRODUCTION AND BACKGROUND
A. TERMS OF REFERENCE
I was appointed on 8 July 1980 by The Governor-in-Council to conduct an Inquiry under the Commission of Inquiry Ordinance, Cap. 86, Laws of Hong Kong, with the following Terms of Reference:---
(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 shortcomings in them, and if so, what conclusions you draw as to the reasons 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 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
(e) whether the investigations and enquiries under (b), (c) and (d) were properly motivated.
2.
I began this task on 10 July 1980.
3.
Having regard to the preamble to my Terms of Reference (reproduced in full at Appendix 1), I should start with the climate of public opinion that appeared to prevail at the time of my appointment.
B.
4.
BACKGROUND
On 15 January 1980, John MacLennan, Police Inspector, was to be arrested for eight counts of gross indecency. By arrangement with his senior officer, Senior Superintendent Jack Trotman, the arrest of MacLennan was to be effected at Trotman's office at the Ho Man Tin Police Station, at 10.30 a.m. When MacLennan did not turn up, Trotman tried to telephone his flat. There was an engaged tone. He later found out that another officer was ringing MacLennan's flat at the same time. Eventually, it was decided between the senior officer of the arresting party Chief Inspector Michael Quinn, and Trotman, that MacLennan should be sought at his residence. These officers proceeded to the Ho Man Tin Service Flats, where MacLennan resided. After much ringing of the door bell and knocking at the door, and finding no response, the arresting party decided to force an entry by breaking down the door. This was done. On entering the flat, a note written on a brown envelope (saying "Please, please, tell my parents that it was an accident and I was a good Police Officer") was found on a desk in the sitting room. The bedroom door was locked. The arresting party decided to break down that door. When that door too was broken down, the room was found to be in darkness. The arresting officers, upon entering, found MacLennan's body. No sign of life could be discerned. Five bullet wounds were found on his body. A service revolver was lying nearby.
5.
News of MacLennan's death quickly reached the media. The next six months saw a heated public debate over the circumstances both surrounding and leading up to his death. It was this controversy which led to the appointment of my Commission. At Appendix 2, I have attempted to set out the events as reported in the media, which led to the appointment of this Commission. In the following paragraphs, I will only refer to the main events and the allegations made in the course of public debates following MacLennan's death:—
15 January 80
There was television and radio coverage of MacLennan's death. Initially, there was little information as to the number of wounds on the body. In the next few days, it became known that he had been shot five times by a Police .38 calibre revolver.
19 January 80
Mrs. Elsie Elliott alleged that MacLennan was the victim of "a high powered" Police frame-up, because he had investigated homosexual officials including high ranking Policemen. She also alleged that MacLennan was one of three Police Officers whom, she had recently learnt, had been framed-up and that she had brought this matter to the attention of the Attorney General three weeks before MacLennan's death. Mrs. Elliott called for an independent inquiry.
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