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60
"Hang Sang" approached and subsequently also the
s.s. "Shui Chow". The officers in command of these
merchant vessels interfered and through their agency
the prisoners were eventually taken in charge by the
commander of H.M.S. "Somme", which arrived in conse-
quence of a report made by wireless. The prisoners
were then brought to this Colony and indicted for
the crime of piracy. The count contained in the
indictment on which evidence was offered was as follows
Statement of Offence, Piracy.
Offence,
-
that you.
•
Particulars of
on the 4th day of
January, 1931, upon the high seas with force and arms
assaulted and put in fear of their lives.
mariners in cargo junk No. 206V....
.with
intent to take away the said junk her tackle and cargo
from the owners thereof and to steal the same.
##
After the verdict of the jury, I reserved
the following question of law "whether an accused
person may be convicted of piracy in circumstances
where no robbery has occurred."
The learned Attorney General, in his
argument before us on behalf of the Crown, has
The piracy charged
submitted that the decision of this question depends
wholly upon international law.
is piracy jure gentium. By international law this
crime is justiciable everywhere. A conviction for
this crime may be recorded by a competent court in
any country. The Supreme Court of any community
in its criminal jurisdiction will, he submitted,
accept a power from international law to punish
prisoners guilty of piracy jure gentium. If I
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