TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 566

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which is adduced so that they will have faith in the 'credibility of the

Commission' and will be satisfied that it is doing its job thoroughly

and independently.

The Commission of Inquiry was set up to produce a report after

consideration of all the evidence. It is not necessary for the public

to view the spectacle only the results. Many tribunals (such as the,

presently convened, Insider Dealing Tribunal) are required by their

enabling legislation to hold all hearings in camera and only publish

their reports. It is the function of the Report to allay the "grave

public disquiet". It should be noted that the Commissioner has indicated

that on the evidence heard already he has formed a view on the questions

of MacLennan's sexuality and cause of death.

From the questions that Counsel involved are being asked by

members of the public, it would appear that most people have been completely lost in the complexities of the proceedings (e. g. many

people still seem to think that MacLennan must have been murdered).

There are almost daily complaints by Counsel about mis-reporting of

the proceedings by the press (despite the presence of reporters every

day at the hearings). The Chinese press and the overseas press appear to have lost interest in the proceedings.

The English-reading

public are receiving the sensational accusations (e.g. "MacLennan

'boyfriend' lashes out at other witnesses", "Bisexual spars with

Seagroatt", "Henry listed in special file"", "Triads could have framed

MacLennan, says lawyer", "Prostitute gets his dates mixed").

5.

Available

Options:

The most obvious option

allow matters to take their course.

have been canvassed. The

ގ

of course, is to do nothing and

The arguments for and against this

alternative'is for the Governor in Council

to act under Section 3(c) of the Ordinance. It provides: "The Governor in

Council

•

may direct:

•

(c) what matters should be outside the

terms of reference of the Commission". Directions could, for example, be given that the allegations of homosexuality against the CP, or, the

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