38
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but MacLennan insisted that Lau should have them. Eventually, Lau said “okay” and accepted them. But Ma then insisted Lau should put them on. Lau did as he was told, but they were a tight fit. Lau was just about to put on his jeans when MacLennan again stopped him and suggested he should go and sit on the bed for a rest. Lau said he had to go home but MacLennan repeated his request. Lau then went over and sat by MacLennan. MacLennan next suggested Lau should lie down and relax. Lau declined. So MacLennan used his arm and gently pressed Lau down onto the bed. At that point, Lau knew something was wrong. He tried to sit up, but MacLennan was gently pressing him down with his arm, telling him not to worry. MacLennan started rubbing Lau all over the body: on his chest, shoulders, armpits and his legs. He said he liked "Chinese fresh”. He told him, “It's all right, I'm not going to make love to you, I just want to borrow your hands." Lau understood MacLennan wanted Lau to masturbate him. He refused, pushed MacLennan away, and got up to dress. Lau felt sorry for MacLennan. He thought that as MacLennan was making his advances, and putting his head on Lau's chest, he was acting like a baby in its mother's arms. So when Lau was making for the door, he turned back and said "That's all right, John, I know this kind of things."
6.
all right.
7.
Sometime after the incident MacLennan telephoned Lau to apologize for his behaviour and Lau told him it was
About one or two weeks later, Lau was out with another friend called Tsang Kin-ho. Tsang was also studying in United Kingdom and was back in Hong Kong for the summer vacation. Lau mentioned the incident to Tsang who thought it preposterous. Tsang laughed on being told and then forgot about it until another week later, in the evening of 8 August 1973, he suddenly remembered it on account of his having arranged to meet Lau the following day. Tsang thought he ought to tell his father (Tsang Shing) about it and did so.
8.
Tsang Shing was a retired ex-Station Sergeant, then employed as a Service Manager in International Building. As he understood it Lau was too scared to report the matter himself. Having given long and careful consideration to the matter he decided to make a report to the Police for enquiries to be carried out, because in his view if such incident had in fact taken place, he "did not wish the Police to have some one even worse than a beast in the Force."4
9.
Before he made the report, Tsang Shing telephoned Lau or ask his son to telephone Lau to find out if Lau's story was true. Lau said it was “very very true”. Tsang Shing then asked if Lau wanted to report the matter. At first, Lau said no. Then he changed his mind. Lau explained his reasons in his evidence as follows:-
"First I said no, you know, so, but I thought, later I thought you know, maybe I'm not the only one that John MacLennan tried, you know, maybe I'm lucky this time, you know, maybe next time, the other one's not lucky. I told him I really want to report him to the Police."5
10. At about 00.10 hours on 9 August 1978, Tsang Shing telephoned the Duty Officer at the Yuen Long Police Station and lodged a formal complaint about MacLennan. He then passed on Lau's address and telephone number. The Duty Officer telephoned Lau for confirmation. The complaint was immediately reported to Inspector Else of Sub Unit I, Yuen Long Police Station, who then telephoned Lau for details. Having heard the story from Lau, Else asked Lau if he wished the matter taken further or just forgotten. Lau stated he wanted the matter taken further and I have no doubt that that was in fact his wish. However I note that in one of his statements, Lau made certain contradictory remarks:--
"I tried twice to contact MacLennan by phone but could not reach him. I wished to continue the friendship, and was prepared to overlook the incident which I regard as not serious. It was reported to the Police without my knowledge or permission."
This was put to Lau in cross-examination and he freely admitted he was being inconsistent. On the evidence as a whole I am satisfied that although Lau did not initiate the report, it was made with his knowledge and permission.
11.
The next morning, 9 August 1978, the matter was reported to the Divisional Superintendent and the case was passed to the Criminal Investigation Department of the Yuen Long Police Station for enquiries. At about noon that day, the Police contacted Lau. Later the same day, Lau went to the Yuen Long Police Station accompanied by Tsang Kin-ho, and made a statement, setting out in detail his complaint against Inspector MacLennan. That was the start of the investigation file headed "Confidential Complaint Received YL/XRB 5828/78" commonly known as "the Yuen Long File".7
C. POLICE INVESTIGATIONS
12.
The complaint was reported to the District Police Commander of New Territories, Mr. M. C. Illingworth. He discussed this case with two of his officers and decided quite rightly, that the matter should be referred to the Criminal Investigation Department of Police Headquarters for investigation because it was serious and because he decided that the investigation should not be handled by someone acquainted with MacLennan.
4
Tsang Kin-ho's statement dated 24 August 1978, File I page 26.
5
Transcript page 1321.
6
Statement dated 22 August 1978, File I at page 33.
7
Known as "File I" in the Commission's system of Files.
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