TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 487

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

THE MACLENNAN CASE

1.

Hong Kong Police Inspector MacLennan was to be arrested on 15 January 1980 on 8 counts of gross indecency, When the police party reached his flat he was found to be dead, having been shot with 5 bullets. Soon after allegations were made that he had been murdered. He had at one time had access to a list of suspected homosexuals in Government Service; it was claimed that he intended to make them public. The Coroner's jury brought in an open verdict on the cause of MacLennan's death; this increased demands for an enquiry.

2. In July 1980, the Governor decided to appoint a senior Chinese judge to enquire into the death and the circumstances surrounding it. The Commission was delayed by a number of mishaps and took a year to produce its report. The main conclusions are that MacLennan did kill himself; that the investigations after the death were generally proper; that the charges against MacLennan were properly brought although some evidence was improperly obtained; that an earlier investigation into MacLennan's alleged homosexual activities had led to senior police officers including the Commissioner to make errors of judgement; that the investigations of MacLennan were generally properly motivated.

3. However the Commission criticised certain public officers and particularly the Commissioner of Police and the Attorney General. Public interest is likely to focus on these criticisms. The Governor is however prepared to make clear his full confidence in the Commissioner and the Attorney General (both of whom are at present on leave in this country).

The Commission was also critical of the role of Mrs E Elliott CBE, an elected Urban Councillor regarded by many in the UK as the champion of the underdog in Hong Kong.

4.

Hong Kong and General Department 28 September 1981

CONFIDENTIAL

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