TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 24

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M. THE APPROACH ADOPTED IN DRAFTING THE REPORT

77.

In deciding on the form and length of this Report, I have preferred the broad approach and concentrated on essential facts. In order to submit the Report with reasonable expedition, I have not embarked upon a detailed analysis of facts of subsidiary importance. In this Report, I shall, in making each finding, state the weight, conviction and degree of confidence which I feel is merited by the evidence in each case. Having said that, I am pleased to be able to report that my findings in the ensuing chapters as regards the main issues, are as conclusive as it is humanly possible to demonstrate.

78. In order to facilitate easier reading of this Report, and to put matters in the proper context, a certain degree of repetition is unavoidable.

As I did not concern myself with what I considered to be trivia, I have not sought to resolve all inconsistencies or answered all questions unless they related to matters of importance.

79.

80.

I have warned myself against being wise with hindsight.

I remind myself that Inspector MacLennan was not on trial, though certain findings of facts which must of necessity be made are damaging to him.

81.

I am deeply conscious of the fact that there is no appeal from my findings and to this extent I have to be even more careful than in a trial.

82.

83.

In a report of this nature, where the presiding Commissioner is obliged to make value judgments not so much in a legal sense but in the context of human experience and of the ethos and mores of the community in which he lives, it is inevitable, inspite of every effort aiming at objectivity, that his findings be not influenced, to a greater or lesser degree, by his own personality and temperament, his philosophy of life, his practical attitude towards life in general and to human conduct in particular.

N.

ACKNOWLEDGEMENTS

84. From the inception of this Inquiry I have been acutely aware of the very heavy burden on all the lawyers involved in the work of the Commission. The inquiry was under public scrutiny from the beginning right up to the very end. Many matters of great importance and sensitivity were dealt with. Perhaps more so than in a normal trial, the lawyers in this Inquiry could not properly discharge their duties without the highest degree of competence, objectivity and good judgment.

85.

I would first acknowledge my indebtedness to Mr. John C. Beveridge, Q.C., Leading Counsel for the Commission. He has assisted me with ability and care, application and thoroughness. His predecessor Mr. Michael Neligan was unfortunately taken ill shortly after public hearings had begun. His devotion to duty is nevertheless sincerely appreciated.

86. The Commission is fortunate in having the services of two very able and hardworking Junior Counsel, Mr. Anthony Neoh and Miss Audrey Eu. Inspite of his relatively brief experience at the Bar, Mr. Neoh has shown that degree of judgment and sense of balance which have been of immense value. Miss Eu too have served the Commission with skill, dedication and commendable efficiency.

Mr. Donald Q. Cheung, Senior Partner of Messrs. F. Zimmern and Company, has served the Commission with assiduity. His able assistant solicitor Mr. Murray Burton worked extremely hard throughout these long and difficult months.

87.

88.

Of the lawyers representing different parties, I must mention Mr. Conrad Seagroatt, Counsel for the MacLennan family, instructed by Mr. Alan Harrison of the Legal Aid Department. Mr. Seagroatt had an extremely difficult duty to perform, for Inspector MacLennan was dead, and the MacLennan family was too far away to be able to give any effective instructions. In some ways too Mr. Seagroatt represented not just one party but also public conscience. It is to his great credit that he has discharged his duties with ability, responsibility, restraint and firmness. His patience and courtesy at all times were manifest.

89.

The Commission owes a debt of gratitude to Mr. Norman Chan, Secretary, assisted with competence by Mr. Eric Chan and his staff. Mr. Norman Chan's duties were multifarious, including those that were administrative, financial and even investigatory. His office also required him to deal with government officials far more senior to himself. It is my pleasure to say that he has performed his difficult duties with tact, efficiency and devotion.