TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 224

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

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DIRECTOR OF PUBLIC PROSECUTIONS' DIRECTION ON IMMUNITY

Ref.: SCB/MRE/133/78

Operation "Rockcorry"

Appendix 18

Special Investigoblen Vail Criminal Investigation Dept..

28th December, 1978.

Immunity From Prosecution

On 28th December, 1978 SP/SIU consulted the Director of Public Prosecutions (Mr. I. Machougall) re SCB/HRB/133/78 sub-file (13).

2.

Mr. MacDougall opined that, on the question of immunity for persons who were able to supply information in regard to procurarg for homosexual acts, the correct course of action should be as follows :

Police should make it clear to the potential witness and/ or his solicitor that they were not in any position to grant immunity, and that it was the perogative of D.R.P/

3.

AcGre

Police should then invite the said witness to compile a statement containing his entire knowledge of the issues the Police require and that Police would then submit this statement along with any other relevant statement to the D.P.P. with their recommendations.

D.P.P., having satisfied himself that the statement was honest and complete in content, would grant an imunity to the witness, should he have incriminated himself within the content of the statement.

D.P.P. commented that he concurred with S-P-/S.I.U. that the current line of enquiry into 'Rockcorry' – ie. mass questioning of witness and victims leading to an eventual disclosure and prosecution of procurers, without taking out prosecutions against self-confessed homosexuals – was correct and in fact the only apparent possible procedure. He agreed that the necessity to investigate this problem, considering its magnitude already revealed, was a matter of importance.

RLB/1y

(R.L. Brooks ) SP/SIU

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