CO129-507-3 China- anti-piracy precautions 31-10-1927 - 25-10-1928 — Page 243

COPY.

EMORANDUM.

277

#riters on international law concur in describing

pirates

the common enemies of the human rage and in

the view that their capture on the high seas is the lay-

ful right of the vessels of all nations.

quite apart from international law there are, so

far as ŭreat Britain is concerned, sertain spesial treaty

provisions relevant to the suppression of Chinsae piracy.

These are contained im rtic as ld, 19 aad 53 of the

Treaty of Tientsin, 1858, which, for convenience of re-

ference, are quoted below.

Artisis iš :-"The Chiness authorities shall at

iis all times afford the fullest protection to the persons and property of British subjects, whenever these shall have been subjected to insuli or violence. in all esses of incendiariam or rebosry, the lossl authorities shall at once take the necessary stopa for the recovery of the stolen property, the sup- pression of disorder and the arrest of the guilty parties, whom they will punish according to the law.

Article 191-"If any British merchant vessel, while within Chinese waters, be plundered by robbers or pirates, it shall be the duty of the Chinese author- ivies to use every endeavour to capture and punish the said robbers or piretes, and to recover the stolen property, that it may be handed over to the consul for restoration to the owner.

Article 62:-"Britian ships of war coming for no hostile purpose, or being engaged in the pursuit of pirates, shall be at liberty to visit all ports with- in the Dominions of the Emperor of China, and shall ressive every facility for the purenase of provisions, procuring sater, and, if ecossion require, for the making of repairs. The Commanders of such ships shall hold intercourse with the chinese authorities on terme of equality and courtesy.

Article 631-"Ia consideration of the injury sustained by native and foreign commeres from the pærevalende piracy in the seas of China, the High Contrasting Parties

ee to consert measures for its suppression."

It will be seen that these articles lay the primary

responsibility for dealing with pirates upon the Chinese

authorities; thus confirming what is clearly the duty of

those authorities under international law where pirates