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The min counts in Dr. Wu's case are
(1) that the seizure of the "Irene" was not piracy
(8) that the Supreme Court at Hongkong had no
Jurisdiction over the prisoners since theme
were arrested in Chinese territorial waters.
(3) that in any case the Commander of Submarine L 4
employed meseares disproportionate to their
object.
To take these points in reverse order.
Point (3)
is a question of fact on which we are not capable here
of expressing any opinion.
Beither, it may be observed,
is Dr. a in a proper position to do 50. As to point (2)
it will suffice to give the following quotations from Wheaton
*Flements of International Law" (Part. 2 Chapter 2, section
15):
8
"The judicial power of every state extends to the
punishment of certain offences against the law
of Nations, among which is piracy".
"Pirates being the cozzon enemies of all mankind
and all Nations having an equal interest in
their apprehension and punishment they may be
lawfully captured on the Kigh Leas by the armed
vessels of any particular State and brought within
ite territorial jurisdiction for tttal in its
tribunals”
This doctrine is not in fact contested by Dr.
840 passage in paragraph 3 of his note:- "It is this
consideration which has caused the pirate to be regarded
as hostis humani generis and to be amenable to the
jurisdictiom
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