CO129-534-9 Law of Piracy- case of Rex v. Chung Tam Kwong 1-4-1931 - 20-4-1932 — Page 12

M'Grusted

quitito.

Curthio to Sora Tay:

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Wb. Ion examine the fount of ade by

to admirers - dara u

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Upon the assumption that the powers

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conferred upon the Court by section 1 of 134 Victoria, Chapter 96, are municipal, except in so far as the offence charged is jure gentium, and consequently justiceable anywhere, the suggestion in paragraph 4 of the Admiralty letter of the 21st September, 1931, involves the proposition that a conspiracy to act piratically is jure gentium. In my opinion (for what it is worth) it is not so, but I have been unable to find any authority for or against such a proposition either in the reports

or text books.

The Admiralty's suggestion can only be tested before the Courts of Hong Kong, but, in view of the present judgment, it seems to me most unlikely that they would accept it.

In my view, the present unfortunate position can only be righted by a successful appeal to the Privy Council or by Imperial legislation.

I attach a minute by Mr.Turton, but

I fear that the Courts in Hong Kong would find some difficulty in distinguishing a case where the facts

were similar, even if they desired so to do.

H. H. Trusted.

То

7.10.31.

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