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far as my investigations have gone it seems to me to be sound
I cannot however see any reason why any country
should not, so far as the jurisdiction of its own Courts is
concerned, split up what international law knows as piracy into
a series of offences, and if this is done (and I suggest it has been done by our Acts) then it is obviously necessary to be
careful that in any given case the indictment is laid under the
right section.
Oppenheim states that in its original and strict
meaning piracy includes any unauthorised act of violence committed
by a private vessel on the open sea against another vessel animo
furandi. I suggest that the offences created by the section to which I referred are well within this definition and accordingly
that there is no inherent reason why the section should not be
regarded as conferring the necessary jurisdiction on our Courts,
including the Hong Kong Court; I agree that there may be a question
whether on the proper construction of the section it. does in fact
confer jurisdiction over foreigners in respect of offences committed
on the high seas.
With respect, I do not see how Parliament can deal with
the question of what is piracy jure gentium; all it can do, I suggest, is to confer, if it has not already done so, jurisdiction on its own
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