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70. I have the opportunity of hearing oral evidence from all the important witnesses (save, of course, M himself). I also have the assistance of Commission agents and investigators making exhaustive inquiries into all the circumstances. I am, as a result, satisfied as to the truth of Lau's allegations. However, it does not follow that all the actions taken by the Police at that time were therefore completely beyond criticism. I refer to Rich's investigations and the decision to terminate MacLennan's contract.
71.
A number of criticisms (in the circumstances minor) have been levelled at Chief Inspector Rich's investigation of the complaint:-
(a) he never inquired into the circumstances as to how the first statement was taken from Lau, whether he was on
that occasion shown around the Single Officers' Quarters and into MacLennan's room;
(b) he never compared the two statements from Lau, given to the Yuen Long Criminal Investigation Department
and to himself;
(c) he did not ask Lau to lead the way and demonstrate his familiarity with the route to, and the conditions in,
MacLennan's room;
(d) in the light of such omission, he should place little or no reliance upon Lau's ability to describe MacLennan's
quarters;
(e) he did not make sufficient efforts to contact the only possible corroborative witness Lau Wun-man; and
(f) he failed to investigate MacLennan's account that it was an attempt by the Pat Heung residents to bring
discredit upon police officers or that it was triad instigated.
Rich said he did not prepare the investigation file with a view to illiciting the full truth as basis for prosecution or disciplinary action. He said he was surprised at the subsequent decision to terminate. He envisaged that a team of officers would investigate more fully if prosecution or disciplinary action was contemplated. But this was contrary to Quine's understanding and to Fletcher's recollection. Fletcher said he personally briefed Rich and gave him to understand that he was to investigate the matter with a view to ascertaining the truth. I quote Mr. Fletcher's answers to my questions:—
"Q. Mr. Rich's evidence as regards the instructions he received are slightly different from yours. He seems to be under impression that he was not going to make a complete investigation, a thorough investigation: it was something in the nature of a preliminary investigation to see if there is anything in it; and if it was thought that there might be something in it, it was envisaged that a further and more thorough investigation would be gone into. That obviously wasn't your understanding.
A.
It certainly wasn't, My Lord.
Q. Perhaps you won't be able to answer this question, but can you offer any explanation why Mr. Rich was under that
impression?
4.
I cannot.
Q.
A.
Was there anything you said which might lead him to that impression? Certainly not."
I fully accept the evidence of Quine and Fletcher. I find that Rich's investigation was not as thorough as could have been, and on his won admission, it was not meant to be thorough. I find that it was lacking in the respects set out in sub-paragraphs (a) to (ƒ) above. He cannot, of course, be criticized for his failure to detect Tsang's hatred of the Police as he could not have access to the information about Tsang's background now drawn to our attention.
72.
In saying that Chief Inspector Rich's investigations were not sufficiently thorough, I am conscious of the fact that my finding is more in the nature of a counsel of perfection and that an experienced investigating officer is given a lot of discretion in his work. There were strong mitigating factors which render the shortcomings merely technical. First, though he thought David Lau's complaint was probably true, there was really not sufficient evidence against MacLennan, either for prosecution or for disciplinary action. Secondly, a more thorough search along the lines indicated in the previous paragraph would probably not bring the matter any further. Thirdly, he was genuinely under the impression that a thorough investigation was not required of him at that stage. Fourthly, his attitude towards MacLennan was fair. Fifthly, all evidence points to his being properly motivated. In all the circumstances, my final opinion of Chief Inspector Rich is that his good name as a police officer remains undamaged and his career unblemished.
73.
Following Rich's report, there came the deliberations, the termination and the reinstatement. Not only did these steps flow immediately from Rich's investigations, and therefore so closely connected as to form part of the Police enquiries regarding MacLennan, but they also formed part of the historical background of the circumstances leading to his death. It has been publicly suggested that the circumstances of his termination of service had a bearing on his death. These matters are accordingly a necessary part of my inquiries.
14.
The earlier deliberations proceeded on the basis that while there were suspicions surrounding the man, he could in the circumstances, only be dealt with by a warning, close watching and perhaps possible non-renewal of contract when the time came. No other course was really appropriate.
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