CO129-534-9 Law of Piracy- case of Rex v. Chung Tam Kwong 1-4-1931 - 20-4-1932 — Page 58

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Hon. Colonial Secretary,

On the 1st April, 1931, the Full Court of Hong Kong gave judgment on a question of law reserved for consideration under section 78 of the Criminal Procedure Ordinance, 1899 (Ordinance No.9 of 1899) quashing the conviction in the case of Chung Tam Kwong and eleven others who had been found guilty of a piratical attack upon a junk upon the high seas with intent to rob. They were caught red handed in the course of the attack and brought to Hong Kong for trial. The point reserved for considerat- ion and decided in the negative by the Full Court was whether an accused person can be convicted of piracy when no robbery is committed.

It was the contention of the Crown that piracy jure gentium as defined by Oppenheim and other International Jurists included every unauthorised act of violence against persons or goods committed on the open sea by a private vessel against another vessel, and that if piracy so defined was proved it was justiciable in Hong Kong under the decision of the Judicial Committee of the Privy Council in the case Kwok A. Sing (L.R.5 P.C. 179).

I attach a copy of the judgments of the Full Court. It is indicated in the judgment of His Honour the Acting Chief Justice, that fresh legislation by Act of Imperial Parliament is necessary if such acts of violence on the high seas are to be made justiciable in the Colonies. It would seem highly undesirable that the offence should not be justiciable unless the attack is successful; and I therefore suggest that the judgment

be forwarded to the Secretary of State for the consideration of such Imperial Legislation as may be required.

1st April, 1931.

(s.)

C. G. Alabaster, Attorney General.