My dear Barnes,
End March, 1964.
39" 12
Hong Kong Piracy Case.
Thank you for copies of the two Cases
received this morning. I have no observations to
make upon the terms of the Cases, but I am rather
concerned to see (having now read up the whole
subject again) that the reference to the Judicial
Committee set out in the Order in Council is not
in the same form as that set out in the Law Officers'
Opinion, since it oaite the words "and is justiciable
as such".
From the point of view of the case on
behalf of my Secretary of State this seems to be unfortant
MR, because as I understand it, the Courts in
Hong Kong took the view that whatever might be the
meaning of piracy jure gentium, they were concerned
with piracy as defined by municipal law.
Hlo
SIR T. BARNES, C.B.E.
i