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104 Finally, I must consider Mrs. Elliott's credibility. In view of the very active and prominent role she had played, it is right that I should state my opinion on her credibility. She is undoubtedly sincere and has a great sense of justice and compassion. However, based on her public announcements, letters, statements and evidence given in relation to the MacLennan Affair, I come to the following view:-—

H.

105.

(1) she has the tendency to draw conclusions or express opinions too readily, without first carefully ascertaining

whether those statements and opinions have any or sufficient factual basis;

(2) she has the tendency to exaggerate;

(3) she has the tendency to resort to emotive and extravagant language;

(4) she has the tendency to confuse opinion or inference with fact, often expressing someone's or her own opinion,

as fact;

(5) she has the tendency to make accusations without hearing all interested parties and without giving the

suspected person or persons the benefit of the doubt;

(6) she has the tendency to make serious allegations without having regard or sufficient regard to her prominent status as a public figure whose opinions and statements are widely heard if not accepted in Hong Kong, and therefore, her special responsibility not to make any such public allegations, particularly those of a serious nature, without knowing the full facts;

(7) she was not in possession of any special and independent source of knowledge of the MacLennan affair; and

(8) she has the propensity to interpret simple and straight forward facts in the most sinister light.

CONCLUSIONS

The answers to the questions asked in my Terms of Reference are as follows:--

Term (a) It was suicide. (See Chapters 2 and 6).

Term (b) The official investigations immediately after death were those conducted at the scene and those subsequent investigations carried out by the Ballistics Experts and the Forensic Pathologist Dr. Wong. There were certain relatively minor shortcomings or shortcomings of a technical nature, e.g. (i) Trotman's disclosure to MacLennan that he was to be interviewed by the SIU, and (ii) the absence of gunpowder tests on MacLennan's hands. The reason for (i) is Trotman's concern and consideration for his subordinates. The reason for (ii) is that it was not then the practice to carry out gunpowder tests in a situation such as the one under consideration. (See Chapter 6).

The other investigations were without shortcomings. (See Chapter 7). They were:—

(i) Pelly's investigations for the Coroner, which were properly conducted.

(ii) The Attorney General's investigations into the Fulton allegation, which were properly made.

(iii) The Attorney General's decision not to re-open the Inquest was correct in law.

(iv) Reference of the Fulton allegation to CAPO was proper.

(v) Following from (iii) above, the Attorney General's press conference of 23 May 1980 announcing his decision not to re-open the Inquest, giving his reasons therefor, was properly motivated. He is however criticized for not appreciating that his reference to the overwhelming evidence of suicide would at least give the impression that he was challenging the jury's verdict.

(vi) Following from (ii) above the Attorney General's press release of the 17 June 1980 saying, inter alia, that Fulton had denied making an allegation of a frame-up was grossly misleading in that he should have gone on to say that Fulton instead alleged a set-up.

(vii) Following from (vi) above the Attorney General's telephone call to Fulton's solicitor Mr. Burns gave the impression (albeit not intended) that he was using the weight of his Office to pursue a personal matter. This was an error of judgment.

Term (c) The charges were properly brought. The evidence was improperly obtained in that the male prostitutes who gave statements inplicating MacLennan had been threatened, assaulted or induced by Inspector Tin Chat-man and Sgt. Leung Sze-piu into making statements, albeit substantially true statements. (See Chapter 5).

Term (d) Only the Yuen Long incident comes under this fourth Term of Reference. The investigations by Chief

Inspector Rich were proper save for some criticisms which were more in the nature of counsels of perfection. Mr. Illingworth's minute to Mr. Henry was prejudiced. Mr. Henry committed an error of