212
App
x 6
BRIEF REPORT ON THE LEE GARDENS INCIDENT
Background
On 15 September 1980, the Commission appointed Carratu Limited, a United Kingdom based private investigation firm, as the Commission's agents to conduct enquiries on the Commission's behalf and to take statements from various potential witnesses. The investigation was led by the firms's two senior directors, Vincent Carratu and Terry Reeder and, initially, supported by the firm's local agent, Asian Inspection Services. Towards the end of September, the employment of the Asian Inspection Services was terminated. Having experienced great difficulties in tracing certain potential witnesses, Carratu on 2 October 1980 arranged the secondment of four Chinese investigators from Asian Inspection Services to act as the Commission's "leg men". These four Chinese investigators were John Kwok, Li Kwok-hung, Michael Cheng and Patrick Hui.
2.
These Chinese investigators were instructed to trace a number of persons whom the Commission wished to interview, because they had given statements to the SIU admitting to have committed homosexual acts with MacLennan. Apart from John Kwok, the other three could speak very little English, and Carratu or Reeder would normally give instructions to them through John Kwok, who acted as their supervisor. Among the list of persons to be traced was Jeff Tso Yuk-kwong, aged 26 years and with several previous convictions related to offences of dishonesty (theft, burglary, wasteful employment of police) and one for membership of a triad society.
The Incident
3.
Having obtained Jeff's pager number from a person who claimed to be Jeff's "godfather", John Kwok got in touch with Jeff and arranged an appointment to meet him in the afternoon of Friday, 3 October 1980 at the Radio Television Hong Kong Bar where he worked. At around 5.00 p.m. that day, Terry Reeder, accompanied by John Kwok and an Interpreter, Leung Bo-sang arrived at the Bar and met Jeff. Jeff indicated that he was about to start work in the Bar and preferred to be interviewed at some other time. It was then agreed that Reeder would meet Jeff at 8.00 a.m. the next day (4 October) at the Radio Television Hong Kong Car Park.
4.
On 4 October (Saturday), Reeder and Leung Bo-sang picked up Jeff at the Car Park at the agreed time and returned to the Commission's office at the Central Government Offices for the interview.
5.
gave a
At first Jeff was hesitant in answering questions put to him. Later on he became more co-operative and statement to Reeder. The interview took more than four hours. During the interview, Jeff made a telephone call at about 11.00 a.m. to a friend of his, explaining that he might be late for work.
6.
At the interview, serious allegations were made by Jeff against Inspector Tin of the SIU, in that he claimed that he was forced by Tin to sign a fabricated statement against MacLennan. After the interview, Reeder formed the opinion (reinforced by Jeff's statement) that Jeff was frightened of the consequences of what he had told the Commission. Having consulted Carratu, who, in the absence of Leading Counsel for a few hours, briefed the Commissioner and obtained his approval, Recder advised Jeff that the Commission would accommodate him at a hotel with guards protecting him. It was intended that Jeff would stay in the hotel until Monday, 6 October, when the situation could be reviewed. According to Reeder, Jeff accepted the offer "eagerly”.
7.
At about 4.00 p.m. the same day, arrangements were made to accommodate Jeff in Room 707 of the Lee Gardens Hotel. John Kwok was then asked by Reeder to arrange the necessary staff to provide physical protection to Jeff on a twenty-four hours basis. The assistance of three additional part-time guards was also sought and a shift duty roster was drawn up by John Kwok.
8.
Jeff stayed in the Hotel for two days and two nights, and in the early morning on Monday, 6 October he left the Hotel whilst the guards were all asleep. He took with him certain property (including cash in the sum of $2,300, a wrist watch, a pen, a lighter, a gold finger ring, a bunch of keys and a pair of shoes) belonging to the guards. The guards estimated that the stolen property was worth approximately $8,000 in total.
9.
At around 5.00 a.m. the guards woke up and found Jeff had disappeared. Michael Cheng, one of the guards on duty, immediately informed John Kwok, who then informed Reeder.
10. The guards did not report Jeff's theft to the Police immediately because they were trying to locate Jeff with a view to recovering the stolen property from Jeff and felt that if he surrendered the property, it might not be necessary to report the matter to the Police. However, two days later (8 October) the guards, having failed to locate Jeff, reported the case of theft to the Wan Chai Police Station.
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