163
18.
Ten days later, on 28 March 1980, Deputy Commissioner Moor met with the Attorney General to discuss Pelly's recommendations with regard to Lindsay's letter. Arising from this meeting, Mr. Moor on 12 April 1980, in his capacity as Acting Commissioner, minuted to the Attorney General, inter alia, in the following terms:-
19.
"Having studied these papers further, I am now of the view that we must clear the air on this matter once and for all and hopefully to everyone's satisfaction. I, therefore, intend to direct that Fulton be interviewed by a Senior Officer of CAPO who will record a full and complete statement with direct questioning on matters in issue. What exactly did he say to such persons as Lindsay, Mrs. Elliott, Daniell, Rattigan. Exactly what was said by Quinn and Brooks, the words used, his interpretation and what he said etc. Fulton's involvement with SIU and his own conduct and life style. Finally, to conclude with whether or not Fulton wishes to make a formal complaint against either Quinn or Brooks or both. If he does then this would be the subject of a full CAPO investigation covering all the persons already mentioned and no doubt many others on the fringes of the affair. Should he on the other hand decide he does not wish to make a formal complaint, then I do not intend to pursue the matter further."
The Attorney General did not reply until 20 May 1980, after he had decided whether or not to re-open the Inquest on Inspector MacLennan. The relevant parts of the Attorney General's minute in reply, dated 20 May 1980, are as follows:-8
"2.
Following the meeting this evening with H.E., Ag. C.S., S for I (i.e., Secretary for Information) and myself, no doubt you will wish to follow the advice from H.E. that Fulton's case-papers (i.e. the statements by him, Mrs. Elliott and her letter at folio 15, Miss Beeson, Mr. Lindsay etc.) be studied by CAPO with a view to Fulton being then interviewed, the statements put to him, in order to discover whether he substantiates any complaint of improper pressure or dealings with him by any officers of the SIU, or not. If he then reveals grounds for investigation, no doubt CAPO will then go into the matter; if he does not, then no doubt I will be so informed.
4.
I suggest (though the decision must remain with you as CP) that Mr. Over would be the most suitable person to deal with the Fulton enquiry in view of the fact that he has less connection with Hong Kong than other officers and commands CAPO.
5.
I hope to hold my Press Conference on the MacLennan Inquest at 3.00 p.m. the day after to-morrow (Thursday) and would be grateful to know the CAPO position as soon as possible."
20. On 22 May 1980, Fulton was interviewed by Mr. John Over, Senior Assistant Commissioner of Police, in charge of the Complaints Against Police Office. In his statement, Fulton said that after he had seen Clancy, under the circumstances described in his previous statements, he felt that the matter had been adequately dealt with and he did not therefore wish to make a formal complaint against any officer. However, should any judicial or other inquiry be held in which he was required to give evidence, he would do so based on this and his other four statements. Mr. Over, on 22 May 1980, minuted to the Acting Commissioner of Police in the following terms:-
21.
"3.
9
I am quite satisfied that this matter should be conducted as a criminal enquiry and it is also right to say that I was impressed as to Fulton's credibility.
4.
On the other hand, this young Inspector, who is undoubtedly a homosexual, is and will continue to be a high security risk. He is quite incapable of discretion and freely talks about personalities and matters which are outside this original investigation. He should not, in my view, continue to be employed as a police officer for any longer than is absolutely necessary. I certainly recommend that he should not be employed anywhere that he has access to sensitive material."
From the fact that the Attorney General asked to be informed of them before his press conference and the fact that he refrained from referring to the subject at the press conference, it is highly probable that the Attorney General was aware of the contents of Mr. Over's minute. In his evidence before this Commission, the Attorney General stressed more than once that he was concerned that he should not publicly refer to the Fulton allegation for fear that such public reference might prejudice CAPO's investigations. His motivation was clearly proper.
D. THE CAPO ENQUIRIES
22.
The allegation made by Inspector Fulton were subsequently investigated by CAPO. On 30 June 1980 Chief Superintendent Sheppard submitted his covering report to the Director of Management and Development. Shortly after the submission of this report, it was announced that this Commission was appointed by The Governor-in-Council. In the circumstances, no further action was taken pending the findings of this Commission. As it is still an uncompleted investigation, insofar as no action was decided on the recommendations made by Chief Superintendent Sheppard, it will not be apposite for me to make any comments on its contents and any actions which the Commissioner of Police may consider necessary to take, save to say that it appears to have been a proper and thorough investigation, and properly motivated. Suffice it to say that I have come to my own independent conclusions as to what had transpired between the SIU and Fulton.
7 See File S, pages 8–9,
8 See File S, page 10.
9 See File S, page 12.
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