TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 189

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judgment in deciding to terminate Inspector MacLennan's contract. Judge Daniell's enquiries w official investigations or enquiries. His choice of words and his theory of a frame-up were ill-advised. The Yuen Long incident had no bearing on MacLennan's death. (See Chapter 3).

Term (e) The investigations and enquiries under (b) were properly motivated. (See Chapters 6 and 7). Those under (c) were properly motivated except for the pressure by Brooks and Quinn on Fulton which were improperly motivated by their resentment against MacLennan. (See Chapter 5). Those under (d) were properly motivated. (See Chapter 3).

1. EPILOGUE

106. So the Commission has come to the end of its long and winding journey. What have we achieved? We believe that we have faithfully answered all the questions set out in our Terms of Reference. But if this is all that we have accomplished at such enormous cost, not only in terms of time and money, but also in terms of the distress and anxiety which we must perforce inflict upon many people, then we have not done very well at all.

107.

Have we achieved anything else? Perhaps it is the wrong question. More appropriately, the question should be: what has Hong Kong gained that is attributable to the Commission and its work? A lot, we submit.

108.

The public demand which led to the appointment of this Commission was a clear confirmation that we the residents of this materialistic city have a social conscience, that we cared enough about truth and justice to have insisted on a public inquiry when our suspicions were aroused. The appointment of the Commission also reminded us that we have a government which responds to public opinions, in this particular case with courage and an openess that must be rarely seen in any government.

109.

In the course of our inquiries, we hope we have demonstrated our fearlessness, impartiality and thoroughness. We hope too, that we have shown all and sundry, here and abroad, that all persons are equal before the law, from the humblest to the mightiest in the land, that in this small territory, the Rule of Law does indeed reign supreme, and equally importantly, is seen to reign supreme.

110. The conclusions in this Report reveal a number of defects, more in the nature of human frailty and errors than a defective system. We have spent a year looking into a microscope. Instead of cancer, we have found eczema.

30 July 1981

T. L. Yang Commissioner