43
ty to question this youth, but was simply told that he had to leave. It is therefore obvious that MacLennan knew very well the reason for the decision and the only matter on his mind was the Yuen Long incident. He did however refer to his work in Special Branch and describe what he saw as "political dynamite and could blow the lid off the Colony." He told Atkinson that “it was more than his life was worth to talk about it.”27 He mentioned no names. They discussed what he should do. MacLennan mentioned Mrs. E. Elliott. Atkinson told him he should do what he wished and should leave no stone unturned in his defence.
40. On 21 or 22 November 1978, MacLennan instructed a firm of solicitors, Messrs. Hampton, Winter and Glynn. Mr. S. Llewellyn of this firm drafted for MacLennan a memorandum of appeal28 and later a petition to the Governor. The former was later submitted on 24 November but the latter was never used, there was no need for it. According to Llewellyn29, MacLennan was "happy" for either criminal or disciplinary proceedings to be brought against him; but thought it was unsatisfactory to have his contract terminated without either course. MacLennan was concerned only with the Yuen Long allegation. He never mentioned any "frame-up" as such and he did not connect the termination with his work in Special Branch.29 Indeed both the memorandum of appeal and the petition show that MacLennan knew well enough, and had orally been given, the reason for the termination of his contract.
41.
But the greatest help to MacLennan came not from his best friend nor his solicitors. At that time, MacLennan had been transferred from New Territories Command Control Centre to the Fanling Magistracy. He was the Court Prosecutor for Magistrate Mr. H. S. Daniell (now Judge Daniell). The other Magistrate sitting in Fanling was Mr. P. M. Rattigan. MacLennan saw both of them with his problems. Judge Daniell described MacLennan as "indignant”, "bewildered" and "desperate". He questioned MacLennan thoroughly on two or three occasions each lasting ten or fifteen minutes. MacLennan claimed that no reason was given and no one was prepared to see him. He told Judge Daniell about the Yuen Long allegation, and said if that was the reason for the termination, he wanted to be charged and heard in court. On being asked whether MacLennan ever mentioned his work in Special Branch or claimed that he had been investigating homosexuals, the Judge replied, “It didn't appear to me that this was really concerning him, he mentioned this, but I don't think he attributed any significance, it was my impression that, that in his mind was the Yuen Long incident."30 At no time did MacLennan suggest or suspect any "frame-up" by the Police.
42.
Judge Daniell was concerned about MacLennan's claim that no reason had been given and no one was prepared to help. He felt MacLennan had been unfairly treated. And he decided to help. He spoke to Illingworth, Rowlands and Purdon. This set in train a series of parallel actions which later led to MacLennan's re-instatement. Judge Daniell also, at a later stage, contacted Mrs. Elsie Elliott, an Urban Councillor and Father McGovern, a member of both the Executive and Legislative Councils. It was such later action which subsequently led to much public furore and speculation.
43. Mr. Illingworth's attitude as expressed to Judge Daniell was to let MacLennan go "with the minimum of fuss”. However, he realized the significance of this call. He telephoned Blackburn, Director of Personnel and Training and told him of the interest that Judge Daniell, Mr. Rattigan and Mrs. Elliott had in the matter. It is not clear if Mrs. Elliott's interest was described as an actual or merely a potential one, because, although her name might have been mooted at the very beginning, she was not contacted until 28 November 1978, by which time the events had already taken a decided
turn.
44. Mr. Blackburn had been on leave during the deliberations and eventual decision to terminate MacLennan's contract. He returned on 3 November 1978. Sometime after his return, and before Mr. Illingworth's call, Mr. Over had already spoken to Blackburn about his (Over's) reservations regarding the decision to terminate MacLennan's contract. Blackburn then looked at the Yuen Long file and came to the conclusion that as there was merely one person's word against another, the termination could not be supported on a determined appeal. When he received the call from Illingworth, he realized MacLennan was going to fight the decision. So he instructed Mansell to see MacLennan again and advise him of the proper channels for an appeal.31
45. Judge Daniell had some initial difficulty in reaching General Purdon, so he wrote to the General who then telephoned back and agreed to see MacLennan. Before doing do, the General spoke to his junior officers, Blackburn and Mansell. Blackburn told General Purdon the decision that he had reached and the instructions he had given to Mansell.
46. On Friday 24 November 1978, Mansell saw MacLennan. Lidster was also present at the interview. Mansell told MacLennan that if he wished to appeal against the termination he should address his written submissions to the Secretary for the Civil Service and forward it through the Commissioner of Police. MacLennan then produced his memorandum of appeal drafted by his solicitors. He claimed that he had not been officially informed of the reason for his termination.
Transcript pages 2051-2052.
File K page 68, reproduced in Appendix 14.
27
28
29
30
Transcript page 3053.
31
Transcript pages 9844-9916.
Transcript pages 2944-2955.
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