76
IV.
11. If the Judgment of the Hong Zong Court in the
present onse was correct as to the meaning of piracy jure gentium in English law, and if the argument in the sec nd section of this memorandum is unsound, legislation is apparently necessary if offences of this and like character committed by foreigners on the high seas against
foreign vessels are to be punishable in English courts.
From the point of view of the Foreign Office it is important that such legislation should keep within the limits of piracy as defined by international law. reason for this is that according to the view of inter- national law invariably taken hitherto by this country,
it is not permissible for states to assume jurisdiction
in respect of crimes, other than the crime of piracy jure gentium which are neither committed by. their own subjects nor committed (whether by subjects or aliens) or
producing their effects within their territorial jurisdiction (including their chips and territorial
The
waters).
It is true that a number of States have
assumed to exercise Jurisdiction in respect of certain
crimes, other than piracy jure gentium, committed by aliens out of the jurisdiction, (18) but this assumption has never been recognised as valid by this country. Hence, while the States in question would probably
not....
18.
There are at least fifteen snoh States, but the crimes in question are mainly crimes affecting the State itself e.g. treason, forgery of the currency, eto. The whole matter is discussed in the articles by Mr.. Beckett already referred to (note 21).