Consul Robertson and His Excellency Mr. Macdonell are, as wound, directing attention at four points before the question whether piratical acts are on the increase in these seas. It appears to me that His Excellency makes out his case. The boats manned by the Whampoa police were certainly threatened, though it is not clear that they were attacked. Pirates; piratical boats were seized at Kasloon and in Macao. I further also understand that the neighbourhood of Admiralty; letter that he believes in the increase of piracy, though too much stress is probably resorted to likely spirited condemnation.
6294 cannot be laid for this, as it is assumed that Flag Officer R.M.'s statements will be contested. Who is the strategist? I submit that it cannot be proved, though probably it does not, as His Excellency did not personally make these modes of proceeding permanent; and in matter he admits that "it is quite impossible for the force of the Colony to sanction as a solemn system" such expeditions, that "to grant leave to members of the Police force to take part" is countenanced.
Expeditions really fitted out would have been a transparent farce and an improper subterfuge if meant as a permanent policy.
MINUTE PAPER.
32 It appears to me that the expeditions, which have taken place, were countenanced by the Government and that this Government is responsible for them.
I shared, therefore, in forwarding it to Kennedy that I did not approve of these proceedings as they were not to be undertaken or connived at gain-
The Supreme Court ruled that the Wrought pirate within Admiralty jurisdiction. I think it probable that the Court considered that there was no proof of these foreigners having committed piracy jure gentium on the high seas and murder on, and in the robbing absence, lack of power to try them.
In 1866 the Law Officers reported that the Canton Attorney might try piracy committed by British subjects (including all residents, though not British citizens, of the Colony) in such jurisdictional waters as are within the jurisdiction of the Admiralty; but that it could not try piracies committed otherwise than piracy jure gentium, that is, unless to constitute their offence, the murder or robbing must have been committed on the high seas.
I would send copies to illustrate that Low is disposed to think that there is an increase in piracy.
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