R V. CHUNG TAM KYONG & OTH RS
MMOTANDUM BY N
G. FIZZLAUKIC THIRD L GAL ADVIS R IT VIE FORZIGN OFFIC
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1.
The Legal Adviser of the foreign Jffice
desire to offer observations on the following
questions:
(1) whether the Hong Kong Court was right, in
the above-mentioned onse, in deciding that an indictment for piracy jure gentium could not be sustained in the absence of actual robbery; with especial reference to the decided caseá;
**
(2) whether, if the indictment had been framed
under the statute 1 Viot. C.88, S.2. A conviction could have been obtained;
(3) whether there exists any o her basis on
which a conviction could have been ov ́ained;
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(4) whether, if the answer to the first question is in the affirmative and the answer to the second and third in the negative, there would be anything contrary to international law in the passing of legislation designed to make convictions in cases such as the present one possible; and what in general would be he proper scope of such legiala- tion.
2.
I.
The question argued before the Hong Kong Court
how far international law forms part of the law of
Englund, and in particular how far the rules of inter-
national law relating to and defining piracy form
such part, appears to be largely irrelevant in the
present case, for the following reason.
International
law, as the Hong Kong Court correctly stated, does not
impose ...
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