TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 352

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Mr. Michael Rattigan, Acting Judge at Fanling Magistracy will state that he knew that the deceased had gone to see Judge Daniell some time in 1978. He will further state that at no time did he speak to the deceased about the matter directly. He will state, however that he was present on two occasions when Judge Daniell was interviewing the deceased on the subject of his dismissal and reinstatement. The first occasion was when Judge Daniell was attempting to telephone General Purdon and the second occasion was when the deceased was repeating to Mr. Daniell what Mr. Blackburn is alleged to have said when the deceased was reinstated. lie will further state that he had lunch at the Jockey Club in Fanling with Judge Daniell, Mrs. Elsie Elliott, Father McGovern and Father Kane when the subject of the deceased was discussed. He will state that at no time did the deceased say that he was being framed by anyone, nor did he say that he was being got rid of because he knew of matters of a homosexual nature which involved Senior Police officers which the deceased had been investigating previously.

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Father Patrick McGovern, Catholic Priest and member of the Legislative Council will state that he has never met or spoken to the deceased and that anything he has to say is what he has heard from Judge Daniell. He will say, however, that he saw. Mr. Daniell on 28th November 1978 and that afterwards he telephoned the Governor's office and spoke to the Governor's Social Secretary whom he told to look out for Elsie's letter and to tell the Governor not to treat it as a crank letter but to treat it seriously. Father McGovern will further state that his reasons for doing this were that he trusted the judgement of the two Magistrates, Daniell and Rattigan and he wished the matter to be thoroughly investigated. He will state that his conclusion of the whole affair, after the deceased had been reinstated, was that he shared the deceased's fears of a frame- up. He will qualify the use of the word frame-up saying that the use of the word frame-up is perhaps a little stressed.

CONCLUSION

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ALLEGATION OF POLICE MISCONDUCT

Mrs. Elsie Elliott's letter to the Governor suggests that Magistrates Daniell and Rattigan told her that the deceased's services were to be terminated because he had knowledge of a senior Police officer's involvement in homosexual activities. Evidence shows that the deceased did not have any knowledge of senior Police officers involvement in homosexual activities but merely had access to a file on which hames appeared indirectly connected with the homosexual scene in Hong Kong. Mr. Daniell merely states that the deceased mentioned the fact that he had investigated homosexuals in Special Branch but deceased did not mention the name of any Police officers. Mr. Rattigan states that at no time did the deceased say that he was being framed by

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CONFIDENTIAL