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10. On his sexual proclivity, his good friend Inspector Burns described him as a “womanizer”, and his superior Chief Inspector Atkinson was of the same view. However, on the evidence of a number of male prostitutes (see below) including one Ah Tung, I have no doubt whatsoever that he also enjoyed homosexual practices. A masseuse, Nancy Chan, also referred to his homosexual tendencies. I am completely satisfied that John MacLennan was a bi-sexual.
11. He enjoyed normal sexual connexions with women as any ordinary men would. However in a rather obscure and discreet manner, unknown to his European colleagues and friends, he also favoured homosexual practices. MacLennan was a man who led two separate lives: while he led a life of high personal values and principles in front of his friends and in the course of his constabulary duties, he also led a secret life that was not only against the law as laid down in Hong Kong but also against the high moral code that he outwardly professed.
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On his suicidal tendency, I rely on the evidence of his close friends Inspectors Burns and Whyte.
It is significant to note Burns' remarks that, in his opinion, if MacLennan was "faced with disgrace in the eyes of his family, disgrace in the eyes of the Police Service, and disgrace in the eyes of his friends, he would take his own life." Burns said that his remark was based partially on "hindsight" and partially on his "knowledge of the character" of MacLennan. He went on to say:—
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"His family background was such that I believe his parents would not have understood had it been proved he had taken part in homosexual activities, and would have disowned him. Because of the particularly close relationship he had with his mother, he would have found this an impossible burden to carry. Also, Police Service was his life. Had the allegation against him been substantiated, he would have been prevented from serving as a Police Officer. Also, had these allegations been proved, it would have been a complete “about face" of the portrayal he had made to all his friends."
Burns' opinion is shared by Inspector Peter Whyte. On being asked if he thought MacLennan would have taken his own life if his homosexual activities were proven, Whyte said:-
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"This would not surprise me at all. He was the sort of man who had the strength of character to do this. He had built up a reputation and impression to his friends and colleagues, and would have been too shamed to face them. He could not have faced the opposite portrayal of the character he had built up, to come out."
My final observations on John MacLennan is as follows:-
(a) John MacLennan was just an ordinary man. But for the tragedies that befell him, he would have worked and lived in blissful anonymity. He was not perfect, neither was he the scum of the earth. Like all of us, he had his good qualities, and a few bad ones too. There was nothing special about him. Even his sexual proclivities were nothing special, for there are many others like him.
(b) To those who did not know him he was just one person in a city of five million. To others, he was a colleague, a friend, a brother, a son. He loved his parents, and was loved in return. He, still in the prime of his life, has died; the parents, old and feeble, still live. To them, now living out their days in a remote village in Scotland, his memory still holds dear.
(c) Many things have been said by many about John MacLennan. One might even be forgiven for speculating that John MacLennan has been used by a few people as a pawn in a game. But in the final analysis, John MacLennan was just an ordinary man-not a pawn.
THE YUEN LONG INCIDENT
In July 1978, MacLennan came to know a Chinese youth called David Lau, then just under 18 years of age and on holiday from Scotland. In his police quarters at Yuen Long, he made certain homosexual advances to Lau, but was unsuccessful. Lau treated the matter lightly and told his friend Tsang Kin-ho about it in casual conversation. Tsang told his father Tsang Shing, an ex-Police Sergeant, who obtained Lau's permission to report the matter to Yuen Long Police Station. It was decided by the Police that the allegation should be investigated by an officer not acquainted with MacLennan. On instructions from the Deputy Director of Criminal Investigation, Chief Inspector Rich was assigned the task of conducting a thorough investigation. Rich came to the conclusion that there was a "ring of truth" in Lau's allegation and reported accordingly on 9 September 1978.
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Having read the relevant file prepared by Rich, both Mr. Quine, the Director of Criminal Investigation and Mr. Astin, the Acting Director of Public Prosecutions were of the view that Lau's complaint was probably true but no prosecution was to be brought as Lau had by then returned to Scotland. They both made certain criticisms of Rich's investigation as not being sufficiently thorough. In my view those criticisms were more in the nature of counsels of perfection and the officer's good name and career as a police officer remain unblemished.
18. The Director of Criminal Investigation thought that there was no ground for terminating MacLennan's contract of service. Mr. McNutt, the Commander Personnel and Mr. Over, the Director of Management and Development, both of the Police Force, were of a similar view.
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