105
continued on her way, but, on a practice projectile being fired
across her bows, she stopped and altered course to starboard.
The Submarine took up station astern, but, about two minutes
later the steamer proceeded ahead at full speed. At this time
the Submarine was under fire from small arms from the steamer.
Two shells (one practice and one semi-armour-piercing) were fired
into the steamer's stern, but she still proceeded at full speed
and used her helm in an attempt to escape. After some minutes
three shells (one semi-armour-piercing and two high explosive)
were fired at the steamer's engine room, the last of which out
the steam pipe and caused the steamer to slow down and eventually
stop. Subsequently the steamer was seen to be on fire aft. There
upon the Submarine came alongside and every effort was made to
save both the ship and those on board, six ship's officers and
226 Chinese being rescued. During this operation the Submarine
was again under fire from small arms.
5. Under the circumstances above mentioned, it was the duty of
the Defendant, as Commander of the said Submarine, to take all
necessary steps to capture the pirates and to gain control of
In the performance of this duty the Defendant
the S.S."Irene".
acted in the manner set out in the preceding paragraph and used
no more force than was reasonably necessary under the conditions
prevailing.
6.
The Defendant repeats the statements in paragraph 4 hereof
and says if the acts there set out caused the sinking of the
S.S."Irene" the said acts were performed by him by the direction
of the Crown and as an act of state.
7.
The Defendant repeats the statements in paragraph 4 here of
and says that if the S.S." "Irene " was sunk as a result of any of
the acts there set out or by gun fire as alleged in the State-
ment of Claim, the acts of the Defendant which caused the sin-
king of the said steamer-whether by gun fire or otherwise- were
performed by the Defendant as an officer of the Royal Navy and