580 12
Telegram from the Governor of Hong Kong to the Secretary of
F.
for the Colonies.
Dated 17th August.
C.16086
(Received Colonial Office 1.35 a.m.18th August 26 AUG
August 826 AUG 1926
Question has arisen of punishment for piracy accompanied by unlawful acts endangering the lives of persons on board. In the
actual case five persons were thrown overboard and have disappeared
The view taken here is that this is punishable with death under
7 William IV and 1Victoria Chapter 88 Section 2. Doubt has been
expressed as to whether this view is correct having regard to
the words "In case such offence had been committed in England"
in 12 and 13 Victoria Chapter 96 Section 2. The argument is that piracy Jure Gentium cannot be committed in England and the
words quoted must be construed as meaning "In case the act
constituting such offence had been committed in England" and if
the act of the present case had been committed on land in
England the offence would not be capital. This argument has been
answered by pointing out that piracy Jure Gentium could be committed in the Bristol Channel which is legally England see
Rex versus Cunningham. Request that the opinion of the Law
Officers of the Crown may be obtained.