F.
64.
47
PROPRIETY AND MOTIVATION OF THE INVESTIGATION
The Yuen Long investigation is the earliest investigation into MacLennan and comes within paragraphs (d) and (e) of my Terms of Reference. I should say at the outset that that investigation had no bearing on Inspector MacLennan's death in 1980 (see Chapters 5 and 6). Mr. Seagroatt, counsel for the MacLennan family, submitted that my Terms of Reference do not require me to make any finding as to the truthfulness or otherwise of the allegations made by David Lau. Such an interpretation of my Terms of Reference would be too narrow and artificial. In view of the climate in which this Commission was concerned, I decide to take a broad interpretation of my Terms of Reference. In any event, it is unrealistic to divorce the truthfulness of the allegation from the propriety and motivation of the investigations into this charge. In coming to my findings, I bear in mind that at all times MacLennan strenuously maintained his innocence and denied that he was a homosexual. He is not alive today to challenge the evidence given but equally he cannot be challenged in cross-examination.
65. The complainant David Lau was flown from Glasgow to give evidence before me. He was in the witness stand for two days, during which he was subjected to rigorous and searching cross-examination. There are, as I have already said, some inconsistencies in his various statements and in his evidence to the Commission. He freely admitted to a number of such inconsistencies, mistakes and even lies. The more important of these variations is his apparent change of attitude towards the Yuen Long incident. At the earlier stages, Lau did not seem to regard the incident as serious. Indeed he did not even lodge a complaint or make a report. He told some of his friends about it. They thought it a big joke and merely laughed. Lau only began to realize its significance when asked about it by Tsang Shing. He then agreed that a report should be made. After that, he had to give statements to the Police. Upon his return to Scotland, he was fed newspapers reports of the incident and its aftermath. Sometime in 1980, he was interviewed by a journalist from the English Sunday Times and was shown a copy of Rich's report, some statements and apparently even some minutes on the Yuen Long file, showing how others looked upon the incident. Shortly after that he gave a statement to solicitors in Glasgow and by then his attitude had hardened considerably. So vehement were his feelings that he said, "It serve him right to be dead.” I am satisfied that his change of feelings has been very much brought about by subsequent events and the attendant publicity and, to that extent, though regrettable, this change of attitude is understandable. But this did not alter my belief that David Lau was on the whole a truthful witness.
66.
950
I have taken into consideration the fact that Lau had a number of childhood friends with triad backgrounds and that he had tried to play down such association when he gave evidence. But there is nothing to indicate that this had anything to do with his allegation against Inspector MacLennan.
67. Having considered Lau's statements and evidence, also having regard to Lau's apparent ease and ability with which he led the Commission agents to MacLennan's old quarters in the Single Officers' Quarters, I am convinced that Lau's narrative of his encounters with MacLennan is substantially true. I am satisfied beyond all reasonable doubt that in the summer of 1978, while stationed at the Yuen Long Police Station, MacLennan made homosexual overtures to Lau in his quarters. He presented Lau with a pair of yellow underpants. He rubbed Lau's body, said he liked “Chinese fresh” and asked to borrow Lau's hands. These overtures were spurned and Lau walked out of MacLennan'a flat. At that time, Lau did not take the incident seriously. He only told some of his friends about it and the matter would not have come to the attention of the Police if Tsang Shing had not reported it.
68.
Tsang Shing appeared before me twice. On the first occasion, he denied ever bearing any grudge against the Police and there was no reason for me to think otherwise. But subsequent to that, upon further material and evidence being available, Tsang Shing had to be recalled. Quite unknown to Rich, who relied upon his belief that Tsang showed no dislike for the Police, and despite Tsang's continued denial on his second appearance, I have no doubt, upon such further material, that Tsang in fact harboured extreme hatred towards the Police. This was a result of his experience at the Independant Commission Against Corruption in May 1976 and what he considered to be the lack of support and assistance from his then superior about his complaints against the Independant Commission Against Corruption. His hatred was such that he resigned from the Force in August 1976. Later in 1978, Tsang was asked to move from his police quarters, as he had already resigned, and this further fuelled his hatred. But whatever his motive might have been in lodging the complaint on behalf of Lau, there is no evidence to suggest that this hatred prompted him to fabricate anything against MacLennan. He did, however, have strong feelings against homosexuality which was exemplified by his description of MacLennan's behaviour towards Lau as "worst than a beast". It was more probable that it was his strong feelings against homosexuality, rather than his hatred towards the Police, which prompted him to lodge the complaint.
69.
The Commission investigators were successful in tracing Lau Wun-man. He gave evidence before me on a number of matters, including the first meeting in Bennina's, the very important second meeting in Kaiser and how later David Lau related to him the homosexual advances by MacLennan. Having regard to his demeanour and attitude, I do not find him a truthful or reliable witness and for the purpose of my findings, I have disregarded his evidence entirely as I
which part of his evidence is true and which is not.
cannot say
50 Transcript page 1563.
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