No.225.
(P 1043/43/10 }
Sir,
FOR IGN OFFICS. G..1.
223
21st March. 1928.
I have received your despatch Ro.50 of Janary 18th, suelosing copies of two lettere adérenced to His Majesty's Consul General at Shanghai by the Commissioner of Foreign Affsire on the subject of the pirsoy of 5.8. "Irene", and asking to be furnished with an opinion on the le al issues involved.
it.
2. I am advised that the obse. Tacione cade in the minute enclosed in your despatoh are generally sound. There is no dount that what took place umounted to piracy socording to nglish law, and the contrary does not seem to have been sug osted by the defruce in the proceedings at Hongkon, • Under lish law "piracy is forsible "robbery at sea, whethe committed by marauders from "outside the ship, or by mariners or pasangers within
¿he essential element is that they vi lently "dispossess the master awi afterwards carry away the "ship itself or any of the goods with a felonious intent".
(Carver, Car lage by Bos. Fourth edition, page 117) It is, however, true that the definition of piracy in international law need not necessarily be identical with that in nglish law, but I am advised that the correct definition of the former is wide enough to cover what took place in the present came. In addition to the passage in Hell's Inte. national Law, from which the Legation minute
notes, the subject is dealt with in Oppenheim's Internationai
Law
bir kiles W. Lampsen, 3.0.2.0., 3.3.,
etc.,
etu..
etc.
Peking.
No comments yet.
Private notes are available after approval.