220
jurisdiction of any state whose reasela osa sapture him",
Dr. wu's whole case, in fact, rests on point (1) and the
question is, what constitutes piracy? He realises that
him only line is to prove that the case of the "Irene"
was not one of piracy, but of banditry. 1.0. an offenes
punishable only by the authorities of the country within
whose jurisdiction it took plac0.
The o ime of piracy is differently defined by the
various writers of international law. The peculiar form
of primoy now practised in Chinese waters, i.e. piracy from
within and not from another ship, is more modern than most
of these definitions, but nevertheless it seems to be
oove ed by the spirit if not by the letter of many of them.
Thus Molloy defines a pirate as "a sen thief, a hostis
humani generis who, to enrich himself, either by surprise
or open foree sets upon merchants or other traders by sea".
This seems to cover the Uhinese pirates, Piracy is
me
described by Ient as " robbery or a forcible depredation
on the High Seas without lawful authority and done animo
farandi and in the spirit and intention of universal
hostility"; and by Phillimore as "An assault upon vessels
navigating on the High seas, committed animo furandi, whether
the robbery or forcible depredation be effected or not and
whether or not it be accompanied by murder or personal
injury". Heffter sașe that piracy "consiste daus l'arresta-
tion et dans la prise violente de navires et des bienm qui
sảy trouvent dans un but de luere et san justifier d'une
commission delivres à cet effet par un gouvernement
responsable".
These