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I am unable to agree with your suggestion that, if the indictment had been laid thereunder, a conviction, which could have been up- held, would have been secured.
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 lew the interpretation of piracy jure gentium. With regard to the first suggestion, Sir M. Gwyer and I agreed that special reference to the J. C. is the only method to adopt. with regard to the second, this should be adopted only if the first fails. According to paragraph 2 of Mr Justice Lindsell's judgment, what exactly constitutes piracy is left to be determined by the country trying the offence. So far as English Courts are concerned, we have to look at previous decisions, which, according to the Court of Hong Kong, have held that robbery is an essential ingre- dient. Parliament can now, I presume, legislate to provide that piracy jure gentium is something different to what the Courts have in the past decided.
I understand that you have spoken to Duncan about this
has case, and he asked me to say that he has gone into the point
raised by you and that he agrees with the terms of this letter.
Yours sincerely,
بھی
J. Cou?