TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 183

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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body, one of which being the fatal shot. It is conclusively proved that the revolver was the weapon that killed him here were no signs of struggle in the flat or on the body. There was also conclusive proof that no one could have left the flat from the main door, nor could anyone have entered and left through any of the windows.

70.

Police Photographers, Ballistics Officers and Forensic Pathologists arrived shortly after. Senior Officers including Moor and Clancy were informed.

71.

At first, in accordance with usual procedures, Chief Inspector Kong (Sub-Divisional Inspector of Kowloon City) was appointed Investigating Officer. But almost immediately thereafter, Moor decided that a more senior officer should be assigned. Superintendent Pelly was assigned and took over from Kong.

72.

73.

At about 1.20 p.m., MacLennan's body was removed to the mortuary.

In the same afternoon, MacLennan's parents were informed of their son's death. The next day, Mrs. MacLennan's permission was obtained for an autopsy. Mrs. MacLennan also requested cremation, which was duly done.

74. It is not intended to embark on repeated analysis of the Forensic Pathologists' evidence. The autopsy report concludes that death was caused by gun shot wounds of chest with injuries to the heart, aorta and spleen. The only conclusion I can come to is that MacLennan committed suicide.

75.

Were the wounds self-inflicted? Dr. Johnson and Professor Mant, both Forensic Pathologists, together, provided the answer in the following terms:-

76.

(a) All five wounds were contact wounds, namely, with the muzzle of the gun pressed against the body at the

moment of discharge.

(b) All five wounds were situated in a site election, namely, a site chosen by a would-be suicide. The site of election on the chest would be situated over or around the "heart area.” In MacLennan's case, all but one of the five wounds, were situated in the "heart area".

(c) The wounds caused by Bullet Nos. 3 and 4 as numbered in the post-mortem report, were so closely grouped that it was more likely for the deceased to have fired the gun holding it against his chest and repeatedly pressing the trigger rather than an assailant firing a gun from a distance.

(d) The overall circumstances in which the body was found, namely, the locked doors, the apparent suicide note, and the inaccessible windows (indicating that there could not have been a second person in the room) were consistent with self-infliction.

In their evidence, both Johnson and Mant laid particular stress on the effect of the bullet which pierced the aorta, for that would have been the fatal shot. The question was how long a person so injured would be capable of volitional and purposeful movement thereafter. In other words, assuming that the first shot was the fatal shot, the question which both Johnson and Mant asked themselves was, whether or not MacLennan could have fired the further four shots, assuming all five were self-inflicted. Both agreed that this was possible from a medical point of view. Although the first shot might have been fatal, death would not be instantaneous, and a person would be capable of quite considerable physical and volitional activity after such an injury. Johnson was of the opinion that MacLennan could have lived as long as two minutes, and remained sufficiently conscious to fire the remaining four shots. Mant's opinion was that MacLennan could have remained conscious for 20-30 seconds, certainly long enough to fire the remaining four shots.

77.

Both experts agreed that it was a case of suicide. All the Ballistics Experts who gave evidence (namely Cimino, Prescott and Mead) were unanimous in their view that the five shots were contact shots.

78.

The next question is whether it is possible to shoot oneself five times in the area of one's heart and abdomen. The answer is yes.

79.

Revolver 4894 was a standard issued police revolver, with a trigger pressure of about three pounds if it were cocked (single action) or ten pounds if it were uncocked (double action. Major Mead, who agreed generally with these trigger pressures, said in evidence that it would not be particularly difficult to fire the gun. It was possible to fire five shots in two to three seconds. In the circumstances, Inspector MacLennan would have sufficient time to fire the remaining four shots even if the first one proved fatal, for he would not become instantly unconscious or otherwise immobilized. This would be achieved by pressing and steadying the muzzle of the firearm against the body, holding the butt with one or both hands, and operating the trigger with the thumb of whichever hand was naturally used.

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