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this i and Lindsay was subsequently prosecuted. Similarly, Logan and MacLennan were not "chosen" from a pool of suspects but their names were given to Constable Liu Man in the course of intelligence gathering. Once credible leads emerged, the SIU was duty bound to follow them up, and they did so. There is no evidence to suggest that MacLennan was singled out or that his targetting was prompted by any improper motive. See para. 48.
43.
From the analysis above, it can be seen that from the inception until the targetting of MacLennan, the SIU hadi at no stage had the opportunity to exercise any discretion to "select" targets from its pool of suspects. The Unit all along had been acting on the five files which related to active procurers and credible leads which emerged from time to time. As far as the follow-up of credible leads was concerned, priorities were given to recent homosexual activities only.
E.
44.
INVESTIGATION AND INTENDED PROSECUTION
In December 1978, Mr. Blackburn and Mr. Mansell of the Personnel Office of the Police Force asked the SIU to “vet” Inspector MacLennan, i.e., to see if there was anything known about MacLennan. There was nothing sinister in this instruction in view of the recent roles played by Blackburn and Mansell in the Yuen Long incident and of their interests in personnel matters generally. On 9 February 1979, Chief Inspector Quinn of the SIU was able to report a negative finding on MacLennan.
45.
In July 1979, MacLennan made a homosexual approach to Inspector Fulton's boyfriend, Raymond Lam, at Ho Man Tin Police Quarters. Fulton told Inspector Graham of the SIU about the incident. This, arid other minor information about MacLennan's frequenting homosexual bars and being seen with male prostitutes was relayed to Moor and Clancy.
46.
In late September and early October 1979, during some of the numerous interviews between Superintendent Brooks and Chief Inspector Quinn of the SIU on the one hand and Inspector Fulton on the other, Brooks and Quinn made it quite clear to Fulton their resentment against MacLennan. They put pressure on Fulton to get a homosexual friend to test if there was to be a homosexual act, to see if MacLennan would take the bait, so that MacLennan's reactions could be assessed with a view to discovering if MacLennan was a homosexual. Fulton did not comply. This pressure gave rise to Fulton's allegation that the SIU had instructed him to "set-up” MacLennan.
47.
48.
My findings are as follows:-
(a) In Fulton's numerous conversations about his association with the SIU, sometimes he referred to a "set-up”,
sometimes not.
(b) Whilst Fulton refused to comply with Brooks' and Quinn's instructions, he had neither done anything to help
MacLennan nor warned him about the alleged "set-up".
(c) On the basis of Fulton's own evidence, supported by Quinn, I am satisfied that Fulton was instructed to introduce a homosexual friend of his to MacLennan for the purpose of trying to assess his reactions, and to see from what subsequently happened, whether MacLennan was a homosexual or not. In other words, I do not accept the suggestion that Fulton was asked to introduce his homosexual friends to incite or entice MacLennan into committing any homosexual act.
(d) Whilst I am prepared to accept that neither Brooks nor Quinn had the intention of inducing Fulton to "set-up" MacLennan, they would have realized, had they lent their minds to it, and having regard to Fulton's timorous nature and vulnerable position as homosexual, that Fulton might have construed what Brooks and Quinn said as an attempt to put pressure on him to arrange a homosexual contact between himself or his friend and MacLennan. The two Officers, Brooks more than Quinn, were clearly, at that particular stage, improperly motivated by their resentment of MacLennan.
(e) Fulton was a young and relatively inexperienced officer. He was handled with some severity by Brooks and Quinn, who would probably not have behaved so had it not been for the fact that their informer was a police officer junior in rank to themselves.
At about that time, in September, Quinn put a certain amount of pressure on Constable Lių Man, a bi-sexual with homosexual connections, to give information on homosexuals in the Tsim Sha Tsui area. Liu approached a male prostitute, Peter. He said he was in trouble and he asked Peter to disclose names of Government officials including police inspectors who were homosexuals. Having received a few hundred dollars from Liu and in the hope of receiving further sums of money, Peter gave the names of "John the ICAC man” and “Colin the whipper" (later discovered to be John MacLennan and Colin Logan). Liu Man then took Peter to see Inspector Tin Chat-man of the SIU, who threatened Peter into disclosing 12 male prostitutes. The threat was that if Peter refused to divulge these names, he "would be guilty of not being co-operative or of obstructing the administration of justice." From the information given by Peter, the SIU traced and took statements from a number of male prostitutes who admitted having had homosexual contact with Inspector MacLennan.
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