CO129-121 - Sir MacDonnell - 1867 [3-4] — Page 313

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

310

of the utter inapplicability of the Extradition Treaty,

to modify my nor in anywise views as to the mode to I procedure appropriate, to such of case as the present.

of my mind was That conviction founded on the well recognized principle in international law, (and which the Attorney General seems to have overlooked) that there are certain acts which are declared piratical, and even considered piracy, by the internal laws of a State to which the law of nations does not attach the same signification; and which acts are not jure Gentium. And, that it is not by force of international law that those who commit those piratical acts are tried and punished, but in Consequence of special laws that assimilate them to pirates, and which can only be applied by the State that has enacted them, and them with reference to its own subject, and within its own jurisdiction. It was in conformity with this view that in my first note, of April, I designated the acts of these men as "Piratical and felonious". From this the Attorney General assumes "piracy, jure gentium" and it will be noted that I have, in full conformity with the above mentioned principle, asked for nothing

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310 of the utter inapplicability of the Extradition Treaty, to modify my nor in anywise views as to the mode to I procedure appropriate, to such of case as the present. of my mind was That conviction founded on the well recognized principle in international law, (and which the Attorney General seems to have overlooked) that there are certain acts which are declared piratical, and even considered piracy, by the internal laws of a State to which the law of nations does not attach the same signification; and which acts are not jure Gentium. And, that it is not by force of international law that those who commit those piratical acts are tried and punished, but in Consequence of special laws that assimilate them to pirates, and which can only be applied by the State that has enacted them, and them with reference to its own subject, and within its own jurisdiction. It was in conformity with this view that in my first note, of April, I designated the acts of these men as "Piratical and felonious". From this the Attorney General assumes "piracy, jure gentium" and it will be noted that I have, in full conformity with the above mentioned principle, asked for nothing
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310 of the utter inapplicability of the Extradition Treaty, to modify my nor in anywise views as to the mode to I procedure appropriate, lo such of case as the present. of my mins was That conviction founded on the well recognized principle in international law, (and which the Attorney General seems to have overlooked ) that there are certain acts which are declared firstical, and even considered firacy, by the internal laws of an State to which the law of nations does not attach the same signification; and which acts are not hirney jure Gentium. And, that it is not by force of international law- that those who commit those firatical acts are tried and funished, but in Consequence of special laws that akimilate them to pirates, and which can only be applied by the State that has enacted them, and them with reference to its own subject, and within its own jurisdiction. It was in conformity with this view that im my first note, of Aprils the de designated the acts of these men as "Ciritical and felonious! From this the Attorney General assumes "firacy, jure gentium" and it will be noted that I have, in full conformity with the above mentioned frinciple, asked for nothing
2026-05-19 17:23:41 · Baseline
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310

of the utter inapplicability of the Extradition Treaty,

to modify my

nor in anywise

views

as

to the mode

to

I procedure appropriate, lo such

of

case as the present.

of my mins was

That conviction

founded on the well recognized principle in international law, (and which the Attorney General seems to have overlooked ) that there are certain acts which

are declared firstical, and even considered firacy, by the internal laws of an State to which the law of nations does not attach the same signification; and which acts are not hirney jure Gentium. And, that it is not by force of international law-

that those who commit those firatical

acts are tried and funished, but in

Consequence of special laws that akimilate them to pirates, and which

can only be applied by the State that has enacted them, and them with reference to its own subject, and within its own jurisdiction. It was in conformity with this view that im my first note, of Aprils the de designated the acts of these men as "Ciritical and felonious! From this the Attorney General assumes "firacy, jure gentium" and it will be noted that I have, in full conformity with the above mentioned frinciple, asked for nothing

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