18
P
normally possess.
They therefore exercise
jurisdiction, in respect of piracy jure gentium
wherever committed, over all persons, irrespec-
tive of nationality. This jurisdiction is
not, however, exercised in the case of other
offences, which may be akin to piracy jure gentium,
created by Statute. Hence, as Mr.Trusted points
out in his minute of 7.10.31, which was endorsed
by Mr.Bushe, an indictment under S.1. of 12 and
13 Vict.Chap.96, would fail, as the jurisdiction
of Courts to try offences under this Statute
is "municipal". Nationals only would, so far as
areas outside the territorial limits of its
are concernand
jurisdiction, be within its ambit. Not being
clothed with the characteristics given to piracy
jure gentium by the comity of nations, it could
give no jurisdiction to the British Courts to try
foreigners committing offences against its
provisions outside territorial waters. Similar
considerations apply to offences in contravention
of the provisions of 7 Will.4 and 1 Vict.Chap.88.
In these circumstances, the suggestion of Stuart
King is open to the same objections as that of the
Admiralty in para.4 of 12.
If I am right, the only remedy we can
adopt is either to get the unfortunate verdict
of the Court of Hong Kong reversed, or to alter
by law the interpretation of piracy jure gentium.
es wqwing. With regard to the first suggestion, we have
decided that special reference to the .C. is the
only method to adopt. With regard to the second,
:
this should be adopted only if the first fails.
泼
According to para.2 of Mr.Justice Lindsell's
Judgment, what exactly constitutes piracy is left
to