41
M. 18
Ag. CP
I am surprised that Smallshaw was surprised. I was not impressed by this officer's general character, behaviour and demeanour (after a few beers) when I met him socially in the Yuen Long mess for the first time, just prior to my annual leave at the end of April this year. I had him so tagged and indeed discussed this with DS YL Mr. Common on a K.I.V.
basis.
2. I am quite prepared to see MacLennan (who is in my view a homosexual). Whilst this of itself is nothing more than a fact of life, I see little point in retaining his services for the very reasons given in M. 14 para. 5, any longer than is absolutely necessary. In disagreeing with the views of DMD at M. 15 I agree with Ag. DPP's M. 7 para. 4 that there is (or was) a prima facie case. Nothing is to be gained by keeping him to go through all this again in 1980. There must be a positive policy and ruling as to who or what we want in this Force. Behaviourism is the key word to this situation. We have adequate knowledge but surely no prolonged or exhaustive study of the man is going to alter what he clearly is and
will continue to be.
3.
Certainly I would not wish him to remain in this district and to retain his present quarter. Furthermore too many persons both within and without the Force from the R & F and local community are aware of this matter and local views remain very puritan in this respect.
4.
I would add that the law in Hong Kong and not what it is in UK is relevant. Amend the law in Hong Kong and the situation in this particular case would not have altered (any more than it did for Duffy) assuming we were to adopt the UK statute.
signed (M. C. Illingworth) DPC NT
26.10.7820,,
I take this minute to say three main things (quite apart from its reasons for so saying):—
(a) MacLennan was in Mr. Illingworth's view a homosexual;
(b) MacLennan's contract should be terminated as soon as possible; and
(c) Certainly Illingworth did not want MacLennan in his New Territories District.
The file then went back to Mr. Henry who wrote on it Minute 19 dated 28 October 1978, and addressed to General Purdon, which again I set out in full:-
30.
M. 19
DCP/Admin
31.
2.
The point made in the second sentence of para. 3 of M. 18 is highly relevant.
I have given considerable thought to this case and have decided that steps should now be taken to terminate MacLennan's contract. Please have this done.
3.
As a separate matter this file is to be returned to DCI to ensure that the incorrect handling of exhibits (an exhibit is actually included in this file) and of original statements is corrected.
signed Ag. CP 28.10.7821",
The Police Personnel Branch took action on Mr. Henry's decision. Inspector MacLennan was on a standard form two and half years contract due to expire in September 1980. By an express provision in this contract, it could be terminated by MacLennan or by Government at any time with three months' notice to the other side or one month's salary in lieu of such notice. However, while it was true that the Government had every contractual and legal right to do so, it was seldom done. Both Mr. Henry and Mr. J. M. Rowlands, Secretary for the Civil Service, could recall only one previous example. Thus, officers of the Personnel Branch were faced with the problem: should MacLennan be given any reason for the decision? Eventually the Police decided they would not give any reason. Indeed, as MacLennan had not been convicted or disciplined for the charge, the Police would find it difficult to give any reason for the termination of his
contract.
32.
22
The Police deliberations culminated in a memorandum dated 6 November 1978 from the Commissioner of Police to the Secretary for the Civil Service, whose department was, and still is, vested with the formal authority to terminate MacLennan's contract of service. The memorandum made the following rcommendations:-
"Although Mr. MacLennan's misconduct has not been proven either in a Court of Law or by a Disciplinary tribunal, it is submitted that sufficient grounds exist to request that Mr. MacLennan's services be terminated as soon as possible on the grounds that he has failed to meet the high standard of conduct and propriety demanded of a Police officer.
19. 20.
20 File 1 page
21
File I
page
22
File F(i) pages 11-12.
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