TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 325

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MR. LI KWAN-HA'S REPORT

CONFIDENTIAL

EXAMINATION INTO THE POLICE PROCEDURES ADOPTED IN THE ARREST OF LATE INSPECTOR JOHN RICHARD MACLENNAN AND THE SUBSEQUENT INVESTIGATION OF HIS DEATH

App

x 35

(A) INTRODUCTION

1.

On the 14th March 1980, the Commissioner of Police directed an examination of the police procedures, including charging and investigation, referred to at the conclusion of the Coroner's enquiry into the death of Inspector John Richard MacLennan. The Commissioner appointed Mr. LI Kwan-ha to conduct the examination.

2.

This report deals with the examination carried out, making reference to the circumstances leading to the proposed arrest of Inspector J.R. MacLennen, the methods adopted in effecting the arrest and the subsequent police investigation into his sudden death. As a result of the examination certain observations and recommendations are made.

(B) BACKGROUND

1.

The sudden death of Inspector J.R. MacLennan drew considerable public interest. Upon completion of the police enquiry, a Death Inquest was conducted by the Coroner. At the end of the Death Inquest, the jury returned an "Open Verdict". At the same time, the jury submitted four riders, two of which were accepted by the Coroner as being relevant to the inquest.

(C) TERMS OF REFERENCE

1.

>

The four riders raised by the jury to the Coroner were:-

(a) "Obviously methods of charging police officers should

be looked into with a view to avoiding what has happened in this particular case from recurring again,"

(b) "Officers in charge of investigations should have a

check list to guarantee a thorough investigation,"

(c) "Officers in charge of investigations should not

assume that their subordinates have the imagination to carry out their duties properly. In this case, we are referring to the police fingerprinter and the photographer,"

and (d) "The law relating to homosexuality should be updated to at least those current in the United Kingdom."

Although riders (b) and (c) were rejected by the Coroner, they have been included for examination in this report. However, consideration has not been given to item (d), as it is outside the parameters of police responsibility.

(1) METHODOLOGY....