these groundo are three in nuLDET :
26
1. That "the action of the bandits on board
the "Irene" did not constitute piracy.
2. that the action of submarine L.4 took
place in Chinese territorial water.
Ac
#
3. That the commander of the submarine was
not justified in opening fire on the ship.
The circumstances of the ause as stated above
are in themselves aufilcient to refute tɛase
coutentions, but I will nevertheless proceed to
consider e80: of them in detail.
9.
The first is one which Bis Lajesty's
Government find it difficult to regard as
seriously put forward. The suggestion that the.
action of the pirates in taking foreible posses
sion of the "Irene" and conducting her to tir
headquarters in order that she might be acted
and her passengers robbed, alhough it night
amount to piracy under the punicipal law of
individual states, did not constitute irao7
(carry)
ander international law, Acarrying with it az
it does the corollary that in such a case no
warship other than one of the flag state is
entitled