these ground s
three in number:
63
1. That "the aetion of the bandits on board
the "Irene" did not constitute pirasy."
£. That the action of submarine b.d took
place in Chinese territorial waters.
3. That the oozsander of the submarine vas
not justified in opening fire on the ship.
The oirausstances of the cabe as etuted above
are in themselves mufïiolent to refute these
contentions but I will nevertheless proceed to
consider each of them in detail.
9. The first is one which His hajesty's
Government find it difficult to regard as
seriously put forward. The suggestion that the
action of the pirates in taking forcible posses-
sion of the "Irene" and conducting her to their
headquarters in order that she might be looted
and her passengers robbed, although it might
amount to piracy under the municipal law of
individual states, did not constitute piracy
under international law, (osrrying with it as
it does the corollary that in such a oase
warship other than one of the flag state is
entitled