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Either the case must be dealt with here as one of Piracy Jure Gentium, and if that offence has been committed within our jurisdiction, it is not within the Extradition Treaty between Great Britain and the United States, as decided in the case of R. v. Ternan and others, 9 Cox. Crim. Ca. 522. On the other hand, if the offence be not Piracy Jure Gentium, but an offence against the Municipal Laws of the United States, our Tribunals have no jurisdiction to entertain the charge, and the Prisoners can only be detained under the Provisions of the Act 33 and 34 Vict. c. 76 giving effect to the Extradition Treaty between Great Britain and the United States of America.
(Signed) Julian Pauncefote, Attorney General.
Hong Kong, 11th April, 1885