TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 332

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CONFIDENTIAL

8

4.

The matter was further complicated when on the

14th January, Mr. MacLennan spoke to Mr. Pelly. Mr. Pelly was unaware of the impending arrest, but discussed with MacLennan the ibility of such action. The services of a lawyer and the question of bail were also raised.

5.

Enquiries at the Scene

Initially at scene, the full responsibility lay with Mr. Quinn. It was part of the arrest and the execution of the search warrant. When the suicide note and the body were found, the mission of the S.I.U. ceased, and the responsibility of further police action was transferred to Mr. Trotman as the situation had changed to a case of sudden death.

6.

Mr. Trotman took over the responsibility and assumed command and control of the scene. Although there were no indications of foul play or suspicious circumstances, it is clear that the officers at the scene too readily came to the conclusion that this was a case of suicide. This opinion strongly influenced their mental approach to subsequent action. Enquiries were carried out subjectively rather than objectively. A number of things which ought to have been done

These were specifically:-

were not.

(a) a fingerprint search was not thoroughly carried out to

eliminate other possibilities,

(b) the services of the chemists were not considered,

(c) the hands of the deceased were not examined for gunpowder

residue to establish that he had in fact fired the revolver,

(d) the suicide note was not examined for fingerprints,

and (e) the enquiry officer did not attend the post mortem.

The expanded cartridges inside the revolver were not examined for fingerprints. This, however, was explained by both Mr. Cimino and Mr. Forgerson that due to the oil inside the gun and the combustion created in firing, fingerprint impressions were most unlikely to be present.

7.

There was some confusion as to who was actually responsible for the control and the giving of directions at the scene. Mr. Trotman, being the most senior police officer present, claimed that he was responsible. He detailed Mr. KONG Churk-hoi to be the enquiry officer but he was later replaced by Mr. Pelly. It follows that the fingerprint officer and the photographer received instructions from more than one officer. Hence, all action at scene was not well co-ordinated.

(H) FINDINGS.............