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pirates would go unpunished merely because they had been caught red-handed, as H.M.Ships, having driven them off their quarry, would have no alternative to letting them loose forthwith, as no effective action could be taken against them in the courts. This position would be bound to cause a large increase in piratical assaults, as one of the chief deterrents would have been removed, and would be likely, incidentally, to result in much sharper executive action being taken against pirates when engaging them.
4.
It has been suggested to My Lords,
however, that a possible way out of the difficulty might be found by dealing in future with cases such as the one out of which the present question arose by a different charge. They have been advised that the Court would probably have been satisfied had the accused in the recent case been charged before them with the commission of a conspiracy, i.e. to act piratically, under Section 1 of 12 and 13 Vic cap.96.
5.
My Lords concur that the Attorney General should be approached with a view to obtaining leave to appeal though They appreciate the difficulties attending application for leave to appeal, as service of notice to the accused persons is clearly impossible. They also consider that the necessary legislation should be introduced in the event of the appeal failing or not being accepted.
6.
As regards the incidence of the cost, My Lords are advised this would normal ly fall upon the Hong Kong Government. They understand, however, that, if the Imperial Government saw fit to undertake to bear the costs, the Treasury would no doubt direct them to be paid from the Vote for Law Charges.
7.
A copy of this letter has been sent to the Board of Trade and to the Treasury Solicitor.
I am, Sir,
Your obedient Servant,
When that
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