CO129-534-9 Law of Piracy- case of Rex v. Chung Tam Kwong 1-4-1931 - 20-4-1932 — Page 15

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Sir Maurice Gwyer agreed that the

matter was urgent. As to the action which

should be taken, we were both of the opinion

that, as an application for leave to appeal to

the Privy Council would involve an appeal in a

criminal matter against an acquittal, such

application, after so long a delay, would be

refused. Moreover, service on the respondents

would, in all probability, be impossible.

We further considered that H.M.G. could not be

asked, even in a matter of such importance, to

pass special legislation to negative a legal

doctrine propounded by the Court of Hong Kong.

In view of all the circumstances, we came to the

conclusion that the only action which could be

taken was an attempt at a special reference to

the Judicial Committee of the Privy Council,

under section 4 of 3 and 4 William IV, Chapter

41. The application for this special reference

would require careful wording, which Sir Maurice

Gwyer considered should put the matter in a

general way and not as an appeal from an inconvenient

decision on a particular point of law.

Before making the application for a

reference, the opinion of the Law Officers would

have to be taken, and it was decided that Sir Maurice

Gwyer should put up the case, which would then

be discussed with the Legal Adviser of the Colonial

After agreement on its terms, it should

Office.

go forward as a joint opinion of the Legal Advisers

of the two Departments.

Before sailing, Mr.Bushe informed me

that he considered the Court in Hong Kong was wrong

in law, on the ground, I gathered, that the facts

on which the accused were charged amounted to

piracy