24
entitled to, and should, convict.
Before convicting in such circumstances, however,
the Court should have clear evidence of the
attack being made with intention to rob,
or in other words, made piratically.
Under
the present law homdoide by a foreigner
when not in a British ship and outside
Hong Kong territorial waters (and a fortiori
lesser offences, such as assaults
assaults)
not cognisable by Imperial Courts.
are
It
is of obvious importance that the scope
of judicial treatment by any State of
piracy jure gentium should not be extended
so as to trespass unduly upon the municipal
jurisdiction which every State is assume d
to exercise over its subjects and in the
interests of international amity, any
unwarranted extension of Imperial jurisdiction
over the high seas is øincerely to be
A foreigner when not in a British ship & outside the 3-mile zone, be proceeded against under 1 Vict. c. 88,
can not
or
in the Colonial Courts
by virtue of 12 and 13
•Vict.c.q6.
avoided.
3. Having regard to the importance
of