In the matter of a Reference under the Judicial Committee Act, 1833, in the matter of Piracy jure gentium
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REPORT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE
PRIVY COUNCIL, DELIVERED THE 26TH JULY, 1934.
Present at the Hearing:
THE LORD CHANCELLOR (VISCOUNT SANKEY).
LORD ATKIN.
LORD TOMLIN.
LORD MACMILLAN.
LORD WRIGHT.
[Delivered by THE LORD CHANCELLOR.]
On the 4th January, 1931, on the high seas, a number of armed Chinese nationals were cruising in two Chinese junks. They pursued and attacked a cargo junk which was also a Chinese vessel. The master of the cargo junk attempted to escape, and a chase ensued during which the pursuers came within 200 yards of the cargo junk. The chase continued for over half an hour, during which shots were fired by the attacking party, and while it was still proceeding, the S.S. "Hang Sang" approached and subsequently also the S.S. "Shui Chow." The officers in command of these merchant vessels intervened and through their agency, the pursuers were eventually taken in charge by the Commander of H.M.S. "Somme," which had arrived in consequence of a report made by wireless. They were brought as prisoners to Hong Kong and indicted for the crime of piracy. The jury found them guilty subject to the following question of law :-" Whether an accused person may be convicted of piracy in circumstances where no robbery has occurred." The Full Court of Hong Kong on further consideration came to the conclusion that robbery was necessary to support a conviction of piracy and in the result the accused were acquitted.
The decision of the Hong Kong court was final and the present proceedings are in no sense an appeal from that court, whose judgment stands.
Upon the 10th November, 1933, His Majesty in Council made following order :-" The question whether actual robbery is an
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( 306-9925)T
A
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