CO129-180 - Public Offices & Others - 1877 — Page 69

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

64

extra fances terree and outside of Colonial

waters and either

(a) within three miles of Chinese

territory,

(b) beyond that limit

The acts made briminal by the Clauses in question must however in order that Colonial Courts may have jurisdiction have been committed within their jurisdiction.

We may further remark that the Supreme Court seem to us ( even

on the assumption that the rules of International Law ought to be strictly observed in dealing with the Chinese) to have been in error in conceiving that they had no jurisdiction to try acts of Piracy jure gentium committed

C

B

1

in Reg: v. Heyn (2. Ex. J. 63) the

Admiralty has jurisdiction to try all Acts of Piracy jure gentium.

Acts may

be committed on

These

any part of the high seas, which term at

any

rate includes all the open Ocean exha

fauces terræ and beyond low water

mark

7

We have the honour to be

My Lord,

Your Lordships, most obedient

and humble servants,

John Bolther .

Hardinge Spffend

within three miles of the Chinese

Coast independently of the decision

in

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