86
Xual
heard of the Raymond Law incident and other “snippets", they believed that MacLennan was probably a ho and began to develop a resentment towards MacLennan. It is mainly this resentment that explains why Brooks and Quinn pressed Fulton (who told them that he knew nothing about MacLennan's homosexual activity) to find out more about MacLennan by introducing a homosexual friend to MacLennan. This, as we know, led to the subsequent complaint by Fulton that he was asked to "set-up” MacLennan. Clearly, Brooks and Quinn's action in the Fulton matter was improperly motivated.
123. Vetting of MacLennan. I have already stated in paragraph 13 above my view that there was nothing sinister in Blackburn and Mansell asking Ross to “vet" MacLennan. The interest of Blackburn was probably a mixture of the two types of interest referred to in paragraph 114 above, with the second type as the more predominant because of the role he had played in the Yuen Long incident and also because he was in charge of Personnel. Mansell's interest was of the second type because he also dealt with Personnel.
124.
Reporting of Minor Information on MacLennan. The minor information on MacLennan, including the Raymond Lam incident, was obtained by Quinn in the course of his general intelligence gathering exercise and not prompted by any sinister motive. The fact that these "snippets" went all the way up to Clancy and Moor indicated that they were also interested, but their interest was of the second type.
125.
Emergence of Peter. I am satisfied that Quinn put pressure (yet in the circumstances not improper) on Liu Man to provide information but he did not put MacLennan's name to Liu. The names of "John" and "Colin" came from Peter. It is important to note that Quinn's treatment of Liu Man was not prompted by any such inordinate interest in MacLennan.
126.
Handling of Male Prostitutes.
Peter.
(a) Inspector Tin told Peter he was taking a statement from him in connexion with John and if Peter "refused to tell the names of persons who had something to do with John", Peter would be "guilty of not being co-operative in effecting the administration of justice"38 and sooner or later people would disclose Peter's name. 39 Peter became frightened and told Tin about the people who knew MacLennan "because I would be guilty of something. You know I am timid."40 This was clearly a threat.41
(b) Tin also said to Peter that "we were all being Chinese and the thing was illegal, we were victims." Tin further said that "nothing would happen to European male persons, they would be transferred back but nothing would happen to them."42 Tin was in no position to give such an assurance.
(c) Tin also said that most of the male persons would plead guilty and once they pleaded guilty, Peter would not
be required to give evidence. 43 Tin was in no position to give such an assurance.
(d) Tin told Peter that he would not be prosecuted and only the European men would be prosecuted and that it
was not an offence to be a male prostitute. Peter was clearly deceived.44
(e) Though Peter was engaged in procuring also, he was never cautioned though he clearly ought to have been.45 (f) Tin scolded Peter, Jimmy and Eddie and assaulted them for having seen Logan.46
(For my assessment of Inspector Tin's credibility, see footnote 47.)
127.
Alan. Tin kept on asking if John had had sex with Alan.48 Tin and two European Inspectors and one other Chinese Police Officer appeared to be very fierce.49 Tin said, “You tell the truth and you'll be all right. If you do not tell the truth, you will be in trouble." Tin's threat was that all his friends and family would be told about his homosexuality. Tin also threatened Alan by saying that if he did not admit having had a sexual relationship with John, then the Police could find two named persons to say he and John had had sex before. 50
38 See Transcript pages 258-259.
39 See Transcript page 338.
40
See Transcript page 259.
41
Peter's male prostitute friends who knew Colin told him that they had been to SIU and Tin had threatened them with assaults (Transcript page 283) to give statements.
43 See Transcript page 279.
42
See Transcript page 261.
44
See Transcript pages 271–272.
45
See Transcript page 280.
46
See Transcript pages 296–302.
47
Tin was hesitant in answering questions (with long pauses). Apart from certain background information and uncontroversial facts his evidence!
is not worthy of credence. For example Inspector Tin said (Transcript pages 5267-5271) that he did not promise Peter any money but also informed Peter that it would depend on whether his information was worth money. He also said in evidence he had told Peter he was not to get any money for giving information.
4.8 See Transcript page 596.
49
See Transcript page 598.
50
See Transcript pages 598-599.
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