TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 549

ANNEX

B

APPOINTMENT OF COMMISSION OF INQUIRY

Having regard to continuing allegations as to the circumstances surrounding the death of Inspector MacLennan, and the enquiries preceding it, to the fact that investigations by the Complaints Against the Police Office into some of the allegations have just been completed, and to the confusion in the public mind created by these allegations, which make it desirable to adopt new measures to establish the circumstances of the Inspector's death and related issues both in the public interest and so that innocent parties may be cleared as well as any blame apportioned, in exercise of the powers conferred by section 2 of the Commissions of Inquiry Ordinance (hereinafter referred to as the Ordinance) the Governor in Council has appointed the Honourable Mr. Justice T. L. Yang, Judge of the High Court of Justice, as Commissioner to inquire into the matters set out in paragraph 2, being matters which are in his opinion of public importance.

The terms of reference of the Commission of Inquiry shall be in inquire into the following matters:

(a) whether, in the light of all the evidence available and any additional enquiries you make, there are good grounds for believing the death of Inspector MACLENNAN was other than suicide and what conclusions you draw;

(b) what official investigations immediately after the death of Inspector MACLENNAN were conducted, whether there were any shortcomings in them, and if so what conclusions you draw as to the reason for these shortcomings;

(c) whether the charges which were about to be preferred against him on the day of his death were properly brought, and whether on evidence properly obtained; (d) what investigations or enquiries (other than those resulting in the charges at (c)) were conducted regarding Inspector MACLENNAN," whether they were con- оп Inspector ducted with propriety, and what bearing, if any, they had MACLENNAN's death; and

(e) whether the investigations and enquiries under (b), (c) and (d) were properly

motivated.

The Commission shall submit its final report to the Governor.

The Governor in Council, in exercise of the powers conferred by section 3(g) of the Ordinance, directs that the Commission shall have and exercise the powers conferred by section 9 of the Ordinance to punish all or any of the contempts specified in section 8 thereof.

COUNCIL CHAMBER, 9 July 1980

J. A. FROST Clerk of Councils