TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 160

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(b)

e Fulton Allegation

55.

After this meeting (on 24 January 1980), the Attorney General received Mrs. Elliott's letter dated 19 January 1980. The gist of this letter has already been summarized (see para. 4). In this letter Mrs. Elliott also offered "to go as a witness to relate all I knew about this Case." The very next day, the Attorney General replied in these terms:-

18

"I propose to look into the matters you raise therein in relation to Inspector Fulton. Initially I will have him interviewed by someone other than the police. But if he raises matters that merit further enquiry, then obviously I will have to consider in what way to take the matter further, and it is likely under the law that it would be the police who would have to become involved."

56. The Attorney General then instructed his Assistant, Mr. R. Astin, to interview Fulton. The Attorney General's reasons for so intructing Astin were, in his words:--19

57.

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19

(1)

"For various reasons, I thought it a sensible course of action that Mr. Fulton should be seen by someone outside the police force, so that he would feel no pressure upon him from, actual or potential from superiors to moderate anything he wished to stay, and if, when he spoke to this outside, suggestions of a criminal offence became manifest, then obviously that would be a matter that the police would have to investigate, because lawyers are not equipped to do that—and also, under the Ordinances of Hong Kong, it is the job of the police to do it, and therefore I said that under the law, it would be the police who would have to become involved."

The next ten days saw significant developments:-

Astin arranged to see Fulton through the latter's Solicitors, Haldane & Co. Mr. Haldane promised to take instructions from Fulton. Mr. Haldane made an arrangement for Fulton to come and see Mr. Astin, but subsequently Fulton sought permission from his superior in the Police Force, Chief Superintendent Clemence, and after conversation with him, decided not to come and see Mr. Astin and discuss the matter with him. (See (3) below). Meanwhile, Fulton was seen by Pelly and gave two statements, one dated 28 January 1980 and one 31 January 1980.20

(2) Towards the end of January 1980 the Attorney General received a copy of Lindsay's letter to the Coroner dated 23 January 1980. In this letter, Lindsay specifically mentioned that he had arranged for Fulton to repeat his story to Crown Counsel, Miss Claire-Marie Beeson.

(3) Fulton was advised by Clemence not to give too many statements to different people. So on or about 30

January 1980 Haldane passed to Astin Fulton's statement of 28 January 1980 to Pelly. It stated:—21

"I don't consider that the SIU were 'framing' John because I have no evidence of this but I do consider that they were over zealous in their endeavours to obtain the evidence against him."

This statement was markedly different to that of 31 January 1980, when Fulton set out in some detail his meetings with Brooks and Quinn in September 1979 and what he was asked to do in relation to MacLennan. (4) On 31 January 1980, the Attorney General spoke to Miss Beeson and asked her exactly what had happened. Her recollection of the events differed from that suggested by Lindsay. The Attorney General asked her to write a full statement of what she recollected about the meeting. Beeson wrote her statement and handed it to the Attorney General on 1 February 1980. This statement set out in some detail what Fulton had told her in Lindsay's presence, probably in November 1979, about his previous association with the SIU up to the time when Quinn asked him to introduce some boys to a man for sexual purposes. This man was not named by Fulton, according to Miss Beeson, but "Fulton considered that he was being asked to take part in a 'frame-up' and that this was outside the terms of the information agreement that he had entered into with Quinn. After receipt of Lindsay's letter of 23 January 1980, it was clear that the person referred to was MacLennan. (5) Also on 1 February 1980, the Attorney General received from the Governor a letter from Mrs. Elsie Elliott (addressed to the Governor) in which she asked for an independent enquiry and set out her doubts about the case, including the allegations Fulton had related to her.23 The Governor replied to Mrs. Elliott saying that he was satisfied that "there are no grounds for intervening at this stage.' He asked the Attorney General if Mrs. Elliott's account of the Fulton allegation was worth following-up. The Attorney General, on the same day, replied by minute, saying that he had instructed the Coroner's Officer to interview Fulton and, additionally, making the following points:-25

C

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>>22

(i) Frankly, I am not happy about this, because I know now that Fulton in October 1979 repeated the allegation

made to Mrs. Elliott in front of Miss Beeson, one of my Crown Counsel.

(ii) I have always been unhappy about the employment of Quinn.

(iii) He, I believe, has an animus against homosexuals."

See the Attorney General's letter of 25 January 1980, Commission File A, page 138BI. See Transcript page 11576.

20 See Transcript pages 11583-11584.

21 See Commission File A, pages 122 and 123.

22 See Commission File A, pages 2-4.

23 See Commission File A, page 138BN.

24

The Governor's letter dated 1 February 1980 is reproduced at Appendix 43.

25

See Commission File A, pages 138BO to 138BP.